QUESTION
Can I make him pay for my car repairs when I did NOT have insurance?
Asked on May 03rd, 2012 on Personal Injury - California
More details to this question:
On January 1st my car was rear ended by someone with Infinity Insurance. The driver was an excluded driver on the policy, so I was not covered whatsoever. The first thing you might think is to just pay the deductible on my insurance. I did NOT have any insurance. I was not driving my car, my ex-boyfriend who I now have a restraining order on was driving it without my knowledge. I was storing my car in my garage until the next day when my insurance with Infinity Insurance as well, kicked in January 2nd. The damages in the back is estimated between 5000 to 7000 dollar (went to Chevrolet, I have a Chevrolet Malibu 2012). Can I do a lawsuit against the driver or the owner of the car that hit me to make sure he pays for my repairs? And another thing, I don't have the money to hire an attorney, where can I find a pro bono attorney in Los Angeles (I live in Culver City)? Someone please help me, I just want to get my car fixed... I'm an international student so I'm not familiar with how lawsuits etc works here in this country.
3 ANSWERS
Immigration Attorney serving Arlington, TX
at
Law Office of Pho Ethan Tran, PLLC
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You are in a difficult predicament without any insurance coverage. You can sue the other driver but you will have a difficult time recovering from him if he doesn't have any money. He's only 17. It may be a better idea to sue the owners of the car for negligence for having loaned the car to the driver in the first place. Unfortunately, I don't know any lawyers who are willing to take on this case pro bono.
Answered on May 17th, 2012 at 5:04 PM
Personal Injury Attorney serving Beverly Hills, CA
Partner at
Engelman Law, APC
Pursuant to Proposition 213, you may not recover for pain and suffering (also referred to as general damages) if you did not have automobile insurance at the time of the accident. However, this does not preclude you from requiring the responsible party to pay for your out of pocket expenses, including having your car fixed (also known as special damages). You should consult with an attorney to make arrangements to communicate with your ex-boyfriend, whose statement will likely be needed to pursue this action since he was the driver of the vehicle at the time of the collision.
Answered on May 17th, 2012 at 3:43 PM
Nursing Home Abuse Attorney serving Indio, CA
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Law Offices of John Q. Adams & Associates
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Yes you can sue. Send the repair estimate to his Insurance and request they pay for the repairs.
Answered on May 17th, 2012 at 3:02 PM