QUESTION
What are my next steps if I was hit by one uninsured driver and another insured driver?
Asked on Jan 08th, 2017 on Personal Injury - California
More details to this question:
I did not have auto insurance myself. I have already filed a claim with the insured driver, but do I need to worry about anything else? The insured driver did have a hurt wrist after flipping my car, but did not go to the hospital at the scene. A police report was made at the time of the incident.
2 ANSWERS
Monica Cecilia Castillo-Barraza
If you are not responsible for the accident, but you are uninsured, your claim can only be for related, paid medical expenses and lost income (if any).
Answered on Mar 08th, 2017 at 5:40 AM
Edwin K. Niles
Your punishment for having no insurance is that your claim is limited to out-of-pocket expenses (Civil Code 3333.4). You are not entitled to payment for pain and suffering. Therefore, you may have trouble finding a lawyer. Whether you can get anything from the insured driver's company will depend on whether he/she was at fault. Submit your med bills and proof of any loss of earnings, and see if they respond.
Answered on Mar 08th, 2017 at 5:40 AM