Do uninsured motorists have any rights?

jennyred66 · #1 01-11-2006, 05:25 PM

What is the name of your state?California
On my way to work today I was hit by a huge municipal bus.I was driving into a parking lot and he was turning left I was already headed down into the parking lot when he decided to turn left right into me.I stopped my car thinking he would stop but he didn't until he felt the impact.He was clearly at fault there were several witnesses.However, I was uinsured does that mean I have no rights? I don't want to sue for milliuons of dollars,just enough to fix my car.Any advice would be appreciated.Also, I had planned on getting insurance on Friday,payday.I had to cancel because I couldn't afford it anymore.I am not ordinarily an uninsured driver. Just lucky I guess!

seniorjudge · #2 01-11-2006, 05:31 PM

Quote:

Originally Posted by jennyred66

What is the name of your state?California
On my way to work today I was hit by a huge municipal bus.I was driving into a parking lot and he was turning left I was already headed down into the parking lot when he decided to turn left right into me.I stopped my car thinking he would stop but he didn't until he felt the impact.He was clearly at fault there were several witnesses.However, I was uinsured does that mean I have no rights? I don't want to sue for milliuons of dollars,just enough to fix my car.Any advice would be appreciated.Also, I had planned on getting insurance on Friday,payday.I had to cancel because I couldn't afford it anymore.I am not ordinarily an uninsured driver. Just lucky I guess!

Q: However, I was uinsured does that mean I have no rights?

A: No; you have rights.

Happy Trails · #3 01-11-2006, 05:44 PM

As SJ stated, you still have rights, although they may be limited.

In California, thanks to propostion 213, if you are uninsured and have an accident, you legally can not sue the negligent party for pain and suffering, because you were uninsured at the time of the accident.

There is an exception, which states if the driver was in the process of committing a felony or drunk at the time, you would be able to collect for pain and suffering.