Legal Question in Personal Injury in California

is it right if you get in a car accident and the person that hit you had the fault and they had no insurance and you did but you had no uninsured driver in your policy and made you pay the expencess


Asked on 1/29/10, 12:43 am

7 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

If the other driver is uninsured, they are still liable for the damages you suffer, but the problem is how can you collect from someone who probably has no assets. Depending on what your insurance coverage is, you can collect for your medical bills [if have med pay coverage], and property damage [collision], but unless you have unisured coverage you can not collect for your own pain and suffering. When you got your policy, the agent was supposed to go over that with you and if he did not you might have a claim against the agent and the insurance company.

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Answered on 2/03/10, 1:16 am
George Shers Law Offices of Georges H. Shers

If the other driver is uninsured, they are still liable for the damages you suffer, but the problem is how can you collect from someone who probably has no assets. Depending on what your insurance coverage is, you can collect for your medical bills [if have med pay coverage], and property damage [collision], but unless you have unisured coverage you can not collect for your own pain and suffering. When you got your policy, the agent was supposed to go over that with you and if he did not you might have a claim against the agent and the insurance company.

Read more
Answered on 2/03/10, 1:16 am
George Shers Law Offices of Georges H. Shers

If the other driver is uninsured, they are still liable for the damages you suffer, but the problem is how can you collect from someone who probably has no assets. Depending on what your insurance coverage is, you can collect for your medical bills [if have med pay coverage], and property damage [collision], but unless you have unisured coverage you can not collect for your own pain and suffering. When you got your policy, the agent was supposed to go over that with you and if he did not you might have a claim against the agent and the insurance company.

Read more
Answered on 2/03/10, 1:16 am
George Shers Law Offices of Georges H. Shers

If the other driver is uninsured, they are still liable for the damages you suffer, but the problem is how can you collect from someone who probably has no assets. Depending on what your insurance coverage is, you can collect for your medical bills [if have med pay coverage], and property damage [collision], but unless you have unisured coverage you can not collect for your own pain and suffering. When you got your policy, the agent was supposed to go over that with you and if he did not you might have a claim against the agent and the insurance company.

Read more
Answered on 2/03/10, 1:16 am
George Shers Law Offices of Georges H. Shers

If the other driver is uninsured, they are still liable for the damages you suffer, but the problem is how can you collect from someone who probably has no assets. Depending on what your insurance coverage is, you can collect for your medical bills [if have med pay coverage], and property damage [collision], but unless you have unisured coverage you can not collect for your own pain and suffering. When you got your policy, the agent was supposed to go over that with you and if he did not you might have a claim against the agent and the insurance company.

Read more
Answered on 2/03/10, 1:16 am
Edward Hoffman Law Offices of Edward A. Hoffman

Your question is a bit unclear, but you seem to be asking whether the insurance company had to pay your claim on the ground that the other driver lacked insurance. The answer to that question is no. Situations like this one are why insurance companies offer uninsured-driver coverage. You could have bought such coverage but chose not to. The insurer does not have to give you the benefits of insurance you didn't buy.

The other driver is liable for your losses. If he had liability insurance, the insurer would have paid. Since he doesn't, he has to pay. You can sue him and get a judgment, but the judgment won't do you any good if he can't pay it. Most people who lack auto insurance are poor. You should keep this in mind when you decide what to do.

Good luck.

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Answered on 2/04/10, 1:31 pm
Melvin C. Belli The Belli Law Firm

Since the other driver is at fault then they are responsible for your damages whether they had or you had insurance. As everybody says if the other driver was not insured then you insurance would pay your damages depending on the coverage you had. It is for these situations that you should always have uninsured motorist converge because everyone is not as responsible as you.

Hope this helps and good luck.

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Answered on 2/06/10, 8:46 pm


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