Legal Question in Personal Injury in California

I got into an accident, and my liability insurance was expired which I was not aware of. Say I wasn't at-fault and the insurance determines this, can my car still be covered by other party?


Asked on 7/12/12, 1:13 pm

3 Answers from Attorneys

Roy Kohler Law Offices of Roy Kohler

Yes. The negligent party will be responsible for your property damage and your medical expenses.

However, because you appear to have let your liability insurance coverage to lapse, they will not be responsible for your pain and suffering.

Keep your insurance up to date in the future.

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Answered on 7/12/12, 1:21 pm
Joel Selik www.SelikLaw.com

Your car, yes. Pain and suffering no.

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Answered on 7/12/12, 1:35 pm
David Makkabi Law Offices of David F. Makkabi

Yes, if the other party is at fault for the accident, their insurance should pay for your vehicle (depending on the extent of damage to your car and the extent of coverage on the defendant's policy. In addition, you can recover your medical bills that resulted from the accident. However, your pain and suffering cannot be recovered unless the other party was convicted of a DUI (due to a law called Proposition 213).

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Answered on 7/12/12, 4:03 pm


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