QUESTION

If I file a claim, will it be dismissed based on my not having insurance?

Asked on Jul 12th, 2016 on Personal Injury - California
More details to this question:
I was hit by a driver pulling out from a driveway into traffic. I was already traveling on the outside traffic lane. I did not have insurance at the time of accident. I have since obtained insurance. Other party did have insurance. Other party mentioned he would prefer handling accident outside of insurance. No police report taken at time. What legal issues can I face if I was to request a police report now?
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3 ANSWERS

Edwin K. Niles
Driving without insurance will lead to a suspension of your license. It might be better to avoid making a police report. You are entitled to payment for all out-of-pocket expenses, but not for pain and suffering (because of no ins.)
Answered on Aug 11th, 2016 at 6:27 PM

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Even without insurance, you can collect property damage, rental car expenses, medical bills, and loss of wages because of injury, you just can not collect for pain and suffering. The police probably would not issue a report now because they have no information what happened. You do not need a police report to prove your case.
Answered on Aug 10th, 2016 at 6:13 PM

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Environmental Law Attorney serving Auburn, CA
1 Award
Not having auto insurance in Ca. only prevents you from recovering pain and suffering damages. You are still entitled to recover your actual damages, such as the costs to repair your vehicle, medical expenses, lost wages, etc.,
Answered on Aug 10th, 2016 at 11:58 AM

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