Unlicensed Driver Hit in California

[maxhoffa]

What is the name of your state? The Golden State

My sister-in-law was rear-ended about a month back. At-fault driver's insurance company already settled the vehicle damages portion of her claim.

She has been in a fair amount of pain since the accident. Typical whiplash / soft-tissue damage it would seem, only question is the degree of injury.

Sister-in-law was unlicensed when she was hit.

Sister-in-law was receiving state disability when she was hit.

Questions:

1) is she disbarred from putting forth a P&S claim? I've heard California bars claims for general damages made by accident victims who are not licensed. Is this true?

2) if the above is true, under what statute and has the statute survived challenge?

3) are potential future-medical damages and potential loss of income claims either lost or reduced by her status as a disability recipient?

I know that's asking a lot, so thanks if you decide to wade in.

[ecmst12]

Did she have insurance? That's usually more of a factor then whether she was licensed.

Your SIL should consult a lawyer for more information.

[maxhoffa]

She was both licensed and insured recently, and only w/in the past few months lost her license.

She believes the vehicle was still insured at the time of the accident. I've asked her to check on her policy dates.

I know prop 213 applies to uninsured motorists, but I can't find any language making it automatically applicable to unlicensed drivers.

Unless she became an excluded driver under her policy by virtue of losing her license?

Is that normally the case in California?

Thanks for the reply.

[ecmst12]

That would depend on the policy, you'd have to read it.

[tbud333]

Why was she driving if she lost her license?

[maxhoffa]

i never asked. not sure i understand what difference that makes.

care to clue me in?

[ecmst12]

It doesn't make a difference, that's why I didn't ask. Obviously she already knows she shouldn't have been driving, that's entirely besides the point.

[maxhoffa]

Thanks for the help thus far.

According to the policy, she was an excluded driver. And according to Cali law, that pretty much bars everything but actuals. Which pretty much means not attys will take handle the case/claim.

She is in the process of seeing docs right now. She has a couple of new ruptured discs in her neck on last week's MRI.

They're trying to determine if it's operable.

Assuming it is operable, as far as her claim goes to settle all medical damages, including future damages, what amount does she claim for the cost of future medical procedures? Since she's on medical/medicare, does she claim what medicare pays out?

Seems like that gives an unearned benefit to the insurer, in that they get to pay out only what the State of Cali has negotiated to pay rather than the normal market price of that procedure.

And of course that puts the cart up front and assumes medicare pays for it to begin with.

Is there a standard schedule of what these procedures normally settle out for somewhere?

Thanks, I know this is asking a lot. But she's going to have to take the unrepresented route and any help would be appreciated.

[Zigner]

I'm curious why she lost her license within a few months of getting it. My curiosity relates to the fact that one of the consequences of being involved in an accident while uninsured is the loss of license for a year...

[maxhoffa]

I'm honestly not sure if she lost it or if she just didn't renew it on time . . . all I'm sure of is that she was unlicensed at the time of the accident.

Either way, what I meant was that she had purchased and insured this vehicle w/in the past few months, not that she had received/lost her license in that short period. I'm assuming you can neither register nor insure a vehicle in Cali w/o out a license.

But again, am I missing something? Does that matter for her claim?

[Zigner]

Originally Posted by maxhoffa

But again, am I missing something? Does that matter for her claim?

No, but it DOES matter as to the future status of her license

[maxhoffa]

OK, I'll pass that along. She may have some pending DMV issues as a result.

Again, any input is appreciated.

Do you have any input as to how someone on medi/medi determines a dollar amount to claim for future med damages?

Thanks.

[ecmst12]

If al she can recover is actual costs, then she CANNOT claim future medical expenses. She can only claim costs she has actually incurred at the time of the claim. She needs to wait until her treatment is complete before settling.

[maxhoffa]

No, and I'm sorry if I'm not using proper terminology, but under the relevant statute (Prop 213 in Cali) she *can* seek future medicals and future wages. She's just barred from a good chunk of the non-economic damages like P&S.

just not sure if there is a standard value assigned to more-or-less general medical procedures for settlement purposes.

Thanks.

[Silverplum]

I am just thrilled, thrilled, I tell you, to get a chance to pay for all of this!
Yay!