His car was totalled, he was severely injured and the other driver was arrested because she was a drunk driver. He had no insurance on his vehicle yet.
2007-04-26 11:18:28 · 4 answers · asked by Blossom 1 in Cars & Transportation ➔ Insurance & Registration
CA voters passed Prop 213 which prevents the driver/owner of a uninsured vehicle from collecting general damages when involved in an accident. They are able to collect on specials (medical bills) but not for pain & suffering. The driver/owner has to PROVE a valid insurance policy was in place on the date of the accident.
2007-04-26 12:57:33 · answer #1 · answered by bundysmom 6 · 1⤊ 0⤋
He can try to collect from the drunk's insurance company. He needs an attorney right now, because the drunk's insurance company will want to pay only the minimal amount that they think his car was worth.
2007-04-26 11:23:20 · answer #2 · answered by Anonymous · 0⤊ 1⤋
The key question is, who is at fault? Just because she was drunk doesn't mean she was at fault. But if she was at fault, then he should be sueing her for damages. The fact that he did not have insurance is irrelevent.
Now if he's at fault, I guess he can try and sue her, because she was drunk, and maybe the court will find that a mitigating factor. But otherwise he is out of luck.
The lesson here is - MAKE SURE YOU DON'T DRIVE UNLESS YOU HAVE INSURANCE!
2007-04-26 11:42:09 · answer #3 · answered by Uncle Pennybags 7 · 0⤊ 1⤋
yes,go after her insurance co. if your friend was injured,her insurance adjuster is gonna want to offer a cheap settlement to get away from long term medical bills.if your friend can afford it,try not to settle early.make sure he sees a doctor to guage future medical expenses.it may take quite a long while.iwas in an accident,they offered 10k and medical bills from the start,i said no.10 months later i got 78k.good luck
2007-04-26 11:39:54 · answer #4 · answered by mike d 3 · 0⤊ 1⤋