Legal Question in Personal Injury in California

personal injury

I was involved in an accident that was

not my fault. The driver drove off

although the police eventually located

him. I also did not have insurance at

the time. What kind of case do I have?

Asked on 7/28/08, 9:43 pm

5 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: personal injury

You have a case for damage to your property, alternate transportation for a few days, and medical bills. However, because you did not have insurance, you cannot collect damages for your pain and suffering.

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Answered on 7/30/08, 3:23 pm
Robert L. Bennett Law offices of Robert L. Bennett

Re: personal injury

I agree with Mr. Cohen.

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Answered on 7/30/08, 3:32 pm
Arkady Itkin Law Office of Arkady Itkin

Re: personal injury

If you did not have insurance, you are only entitled to general damages but not special damages. This means that you can recover for your medical expenses, wage loss and property damage, but not for pain and suffering associated therewith.



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Answered on 7/30/08, 3:33 pm
Michael Stone-Molloy The Lion's Law Office

Re: personal injury

Assuming the car was yours, your case has limited value.

However, if the car was NOT yours, then perhaps the car owner had insurance. That would make a big difference.

Please clarify.

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Answered on 7/30/08, 5:29 pm
Terry A. Nelson Nelson & Lawless

Re: personal injury

You can sue for damages. If you were injured and have incurred substantial medical bills, then the case has value, but only IF the other guy has insurance or the personal assets and income that could be used to pay your damages. If he has neither, then the case has no value, since you won't collect anything from a guy that has nothing. The police report should tell you if he had insurance. Feel free to contact me if you have medical damages and you think they are 'collectible' from him.

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Answered on 7/30/08, 6:55 pm

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