QUESTION
What can happen if the driver at fault was arrested for drugs and has insurance but I don't?
Asked on Oct 18th, 2012 on Personal Injury - Colorado
More details to this question:
I was cut off on my motorcycle it was her fault she also was arrested for drugs. I had no insurance at time of accident but the other driver did and was at fault plus arrested for drug possession.
9 ANSWERS
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You said nothing about being hurt or damaged. If the "she" was at fault her carrier owes for whatever damage. They wont try a person who is dealing drugs.
Answered on Oct 23rd, 2012 at 3:21 PM
Ronald A. Steinberg
Under Michigan law, if you did not have insurance you cannot sue.
Answered on Oct 23rd, 2012 at 3:19 PM
Business Litigation Attorney serving Columbus, OH
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E. Ray Critchett, LLC
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You should be able to still pursue a liability claim against her through her insurance carrier.
Answered on Oct 23rd, 2012 at 8:20 AM
The fact you had no insurance makes your claim limited to special damages only and no general damages; i.e. you can receive compensation for your property damage and your medical bills. You cannot receive anything for pain and suffering. The fact she was arrested for drug possession, really has no bearing. If she was arrested for DUI that might (though doubtful) play some role.
Answered on Oct 23rd, 2012 at 8:17 AM
Steven D. Dunnings
No insurance, no recovery.
Answered on Oct 23rd, 2012 at 8:09 AM
Business Law Attorney serving Walnut Creek, CA
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Hirsch, Closson, McMillan & Schroeder, APLC
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You can recover economic damages (lost wages, cost to repair your motorcycle, medical bills) but not pain and suffering because you did not have insurance.
Answered on Oct 23rd, 2012 at 7:32 AM
Debt Collection Attorney serving Fresno, CA
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Nunes Law, Inc.
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If the accident happened in California, an uninsured driver operating an uninsured vehicle is limited to recovery of past medical expenses, past lost wages, future medical expenses that are certain to be incurred, and future lost income caused by the injuries from the accident.
Answered on Oct 23rd, 2012 at 7:17 AM
Thomas Edward Gates
You can submit your claim to her insurance company.
Answered on Oct 23rd, 2012 at 6:59 AM
Automobile Accidents Attorney serving Newport Beach, CA
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Tomalas Law Firm
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The California law in question at play here was established by Proposition 213 in 1996. While usually this law bars a person from collecting compensation for pain and suffering for injuries they sustained in an accident (while driving without insurance), there are some limited exceptions related to whether the at-fault driver was under the influence of drugs or alcohol at the time of the collision. This is a fact specific evaluation and we have been successful numerous times in very similar situations.
Answered on Oct 23rd, 2012 at 6:47 AM