Legal Question in Personal Injury in California

My daughter was driving my car when a lady ran the stop sign and hit her at the time my car was not insured and the other drvers insurance is saying they won't pay my for her pain and suffering or lost wages because she was driving a car that belongs to me her mother.


Asked on 1/12/11, 7:51 pm

3 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

What they are saying is that under California law if you do not have automobile insurance you are barred from collecting for pain and suffering damages,and can only collect medical bills,wage lost,and property damage.

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Answered on 1/17/11, 8:30 pm
Steven Kuhn Steven Kuhn

No pain and suffering damages are allowed if you drive without insurance unless the other driver is convicted of driving while intoxicated or if you were driving in the course and scope of your employment. If your daughter owned a car with insurance, then she may qualify for pain and suffering damages. regardless of the above she is still entitled to damages for her medical bills and loss of earnings.

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Answered on 1/18/11, 9:24 am
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

My firm handles car accident cases all over the State of California. You may call me for a free consultation at 800-816-1529 x. 1.

My website is located at www.thepersonalinjury.com .

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Answered on 1/20/11, 1:18 am


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