No insurance

[elijah1013]

Jurisdiction

California

If me and my wife were sitting in a parked car with no insurance. I was sitting in the front passenger seat and my wife was sitting in the back. We were rear ended by a insured motorist causing severe injuries to both of us. What are the ramafication

 

[army judge]

If me and my wife were sitting in a parked car with no insurance. I was sitting in the front passenger seat and my wife was sitting in the back. We were rear ended by a insured motorist causing severe injuries to both of us. What are the ramafication

Insurance or not, a person injured at the hand or because of the negligence of another person has to file a lawsuit against the person alleged to have caused the plaintiff injuries.

Your uninsured car will be dealt with by the state if the police were called.

I suggest you and your wife discuss your injuries with a personal injury attorney.

 

[elijah1013]

Insurance or not, a person injured at the hand or because of the negligence of another person has to file a lawsuit against the person alleged to have caused the plaintiff injuries.

Your uninsured car will be dealt with by the state if the police were called.

I suggest you and your wife discuss your injuries with a personal injury attorney.

 

[elijah1013]

The insured motorist would be responsible for the damages to the car and our medical bills correct? Would we have to file a lawsuit? Even if the car we were in was uninsured?

 

[army judge]

The insured motorist would be responsible for the damages to the car and our medical bills correct? Would we have to file a lawsuit? Even if the car we were in was uninsured?

You're confusing his insurance with the fact you had no insurance.

Neither he or his insurance company will give you a dime just because you say it was he fault. It doesn't matter that the police may have issued him a citation.

If you believe it was his fault, you'll have to sue him to prove it.
The mere fact that he allegedly hit you from the rear doesn't mean it was his fault alone.

Contributory negligence could be involved, which apportions the blame and the damages awarded. Many times it can be 50-50, meaning no one takes anything.

Again, you and your wife need to discuss this with a local personal injury lawyer. They take cases on contingency, meaning the lawyer only gets paid about 1/3 of what he or she obtains for you.

 

[adjusterjack]

The insured motorist would be responsible for the damages to the car and our medical bills correct? Would we have to file a lawsuit? Even if the car we were in was uninsured?

I spent thirty five years in the insurance industry so here's a few things you should know.

1 - When somebody rear-ends a stationary vehicle that person is almost invariably 100% at fault. More details might change that percentage depending on where you were parked, when you were parked, why you were sitting in a vehicle with no driver at the time, and any other applicable circumstances.

2 - Assuming that the other driver is 100% at fault you would be entitled to compensation for your injuries which would include medical bills, lost earnings, other expenses necessitated by the accident, and pain and suffering (see number 3).

3 - In California if you are the owner or operator of the uninsured vehicle you could not collect pain and suffering per Section 3333.4 of the Civil Code. However, that would not apply if you and your wife were just passengers and did not own or operate the vehicle.

4 - You don't necessarily have to get a lawyer or file a lawsuit. In cases where the fault of the other driver is clear (citation or no citation) like in a rear-ender, the other driver's insurance company is likely going to settle rather quickly if your claim is reasonable. And, if not, you have up to two years to file I lawsuit if necessary.

5 - By "reasonable" I mean that if you suffered "whiplash" (aches and sprains) that takes modest treatment, medication, and minimal medical bills you can probably just deal with the other driver's insurance company on your own.

6 - However, if the injuries were serious, expensive, and recovery took a long time, you would be wise to consult a personal injury attorney.

7 - California is a "comparative" negligence state, not a "contributory" negligence state. The California Supreme Court abandoned the "50/50 no one takes anything" doctrine in Li v. Yellow Cab Co (1975). Even if you turned out to be 50% negligent (unlikely) you would still be entitled to 50% of your damages.

 

[Betty3]

Since you have no ins., file a claim with the other party's ins. co. if you haven't already. There is always the possibility that you might have to end up suing.

You might want to talk to/discuss with a personal injury attorney.

 

[Highwayman]

Where was your car parked and how did it get there?