Auto Accident no my fault but no insurance

[tobeecheese]

What is the name of your state? California

Yesterday my roommate and I were at a stop light. He was driving my car, I was the passenger and his 2 year old was in a carseat in the back. The guy hit us and admitted that he was unaware of someone in front of us. He said he didnt see us and it was definitely all his fault. He has full coverage and assumed liability.

My roommate does not have insurance and neither do I - it was my car though and my roommate was driving. We are both hurting really bad and the car is totalled.

I understand that I could lose my license. Is that true and also will I be able to get my damages paid for. I have medical insurance so I am not really concerned for that but my roommate doesnt have medical insurance will he be able to get that taken care of and pain and suffering. Or is this a lost cause. I also would love to know what I am in for.

I am so scared.

Thanks in advance,
Shaynee

 

[I AM ALWAYS LIABLE]

What is the name of your state? California

Yesterday my roommate and I were at a stop light. He was driving my car, I was the passenger and his 2 year old was in a carseat in the back. The guy hit us and admitted that he was unaware of someone in front of us. He said he didnt see us and it was definitely all his fault. He has full coverage and assumed liability.

My roommate does not have insurance and neither do I - it was my car though and my roommate was driving. We are both hurting really bad and the car is totalled.

I understand that I could lose my license. Is that true and also will I be able to get my damages paid for. I have medical insurance so I am not really concerned for that but my roommate doesnt have medical insurance will he be able to get that taken care of and pain and suffering. Or is this a lost cause. I also would love to know what I am in for.

I am so scared.

Thanks in advance,
Shaynee

My response:

Unless you're insured in California, neither of you will obtain General Damages ("Pain and suffering"). You're only entitled to your ACTUAL damages - - medical bills, car repair, lost earnings.

You're both what are called "Proposition 213" claimants. In other words, his insurance company is "cheering"!

Both of you will lose your licenses for 6 months, and both will be paying a $500.00 fine. That's because the driver was uninsured, and that's because you allowed an uninsured vehicle to be on the road.

IAAL