QUESTION
Can I get compensated for my car and injuries if the other person was at total fault and I have no insurance?
Asked on Sep 22nd, 2016 on Personal Injury - California
More details to this question:
I was hit while at a stop exiting the gas station. They jumped the curb and hit the front end, totaling the car. The gas station has it on film. They never stopped and went to their house. Their mom called the police stating someone hit her son and fled the scene. The police did not arrest him for anything. I am very sore from the accident and even went to the hospital a few hours later. Can I get any compensation for my vehicle or injuries? The car is in my name, I was the passenger and my mom was driving. My insurance expired 60 days ago.
2 ANSWERS
Edwin K. Niles
Without insurance, you are only entitled to reimbursement for out-of-pocket expenses, not for pain and suffering. Ca civil code 3333.4
Answered on Oct 25th, 2016 at 7:53 AM
In California, an uninsured driver of a vehicle that is damaged by another vehicle can not collect pain and suffering damages, but if you were a passenger you would be entitled to collect all possible damages. Check with your mother's insurance carrier if her driving your vehicle is covered under her insurance policy so that you can collect under that policy. Make a claim with the insurance carrier for the other vehicle; it will be your mother and your word against their version, so you might have some problems collecting. A police report is helpful but not mandatory.
Answered on Oct 19th, 2016 at 5:57 AM