Auto insurance claim question?

Apr 26th, 2011
by admin.

I live in CA. If i get rear-ended (I’m not at fault) but i did not carry auto insurance at the time, but the faulting party did have insurance. How does that affect my claims on medical injuries, loss of car use, settlement, etc? basically does it make a difference if i have insurance or not if i am not at fault? I hired a lawyer because ididn’t know how to deal with the situation at the time. Just wondering if the lawyer was honest. Please answer only if you are certain. Thank you for your time.

Posted in: Auto Insurance Claim.
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6 Comments

  1. mommy2savannah51405 says:
    May 11, 2010 at 6:50 am

    Your probly screwed becuase in CA its required to carry auto insurance.

  2. Chris says:
    May 11, 2010 at 7:05 am

    You should not be precluded from collecting under the other person’s policy just because you didn’t have insurance. You are still entitled to get paid for your damages and loss of use of your vehicle in spite of that. Not having insurance doesn’t make you at fault or change the fact that you are now damaged as a result of the accident. There are some circumstances in some states where not having insurance would mean you can’t get pain and suffering. I am not 100% sure about California, but I don’t think that’s the case there. You should be able to trust your attorney.

  3. ezlndylan says:
    May 11, 2010 at 7:18 am

    In California, if you do not have insurance, you are not entitled to collect “general damages” as part of an injury claim. This includes pain and suffering, and any cash settlement you might expect to get if you’re not at fault and injured in an accident.

    You are able to collect “special damages”, which are tangible costs you have incurred as a result of any medical treatment, missed work, etc.

    The damage to your vehicle and loss of use should be covered as well. This is a pretty recent change in the way insurance claims are handled in California, and it’s sort of a less severe punitive law than you have in “no-pay, no-play” states like Louisiana, in which you cannot collect ANY money if you don’t have insurance.

  4. CowboyBill says:
    May 11, 2010 at 7:41 am

    No matter what the outcome, you have screwed yourself by hiring a lawyer. He will get almost half of all (if any) settlement amount. Always remember, the lawyers always win.

  5. shrty0525 says:
    May 11, 2010 at 8:31 am

    you might get a ticket or something for not having insurance – but the other person’s insurance should cover your vehicle damange and injuries, etc.

    this is what you should be asking your lawyer since you have one.

  6. mbrcatz17 says:
    May 11, 2010 at 8:51 am

    It does not affect your claim on the at fault party. Been there, done that. For what it’s worth, you don’t even have to be in the country legally, to collect under the other policy.

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