Q: Van and trailer parked construction truck behind it smashed into my trailer causing my van to lunge forward and hit me.
I have no license nor insurance I was in front of my van when he hit it and it hit me .I film his truck and him apologizing to me for doing it and admitting it.
Normally, you are precluded from getting non-economic damages if you are driving without insurance and have not been insured within the last 6 months. However, it this case, you were not driving. You are allowed to own a car you do not drive. Even if you were driving you would be entitled to your economic damages for your damaged car and your medical bills associated with the accident.
In this situation, absent any legitimate defense, the other driver would be liable for the damage to your truck or trailer, your medical bills, wage loss if applicable and non-economic damages for your pain and suffering.
Hopefully, you obtained a copy of his driver's license and insurance information. If you don't have his driver's license, his plate could possibly be used to look up his contact information with the DMV if he owns the vehicle.
Brad Holbrook agrees with this answer
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