Oxnard, CA asked in Car Accidents for California

Q: I only had liability insurance and red-light driver totaled my car. Do I have any rights or ability for reimbursement?

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4 Lawyer Answers

A: You can recover your property damage, your cost of past and future medical care, past and future wage loss, and pain and suffering. The amount will vary depending on your injuries, the available insurance limits of the opposing party, and many other factors.

Tim Akpinar agrees with this answer

James L. Arrasmith
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Answered

A: In California, if you were involved in a car accident caused by another driver who ran a red light, you have the right to seek reimbursement for the damages to your vehicle, even if you only had liability insurance at the time of the accident. Liability insurance does not cover your own damages in such cases, but the at-fault driver's insurance should cover your vehicle's damages and any medical expenses if injuries were sustained.

To pursue reimbursement, you should file a claim with the at-fault driver's insurance company. It's important to gather as much evidence as possible to support your claim, including the police report, photos of the accident scene, witness statements, and any other relevant documentation. This evidence will help establish the other driver's fault and your right to compensation for the damages to your vehicle.

If the at-fault driver's insurance company is uncooperative or denies your claim, you have the option to take legal action. In such cases, considering legal advice might be beneficial to understand the full scope of your rights and the best course of action. Remember, you are entitled to seek compensation for your losses caused by the negligence of the other driver.

Tim Akpinar agrees with this answer

A: The driver at fault is responsible through his/her insurance.

if there is no insurance you would normally put it through your UM portion of your policy.

it appears you don't have it, and you might consider suing in small claims for up to $10k.

The issue will then be whether you can collect.

A: It sounds like you have rights to recover if you were injured (provided that liability is in your favor. If you mean red light vehicle hit you in rear, that's very clear-cut. If you mean red light dispute at intersection, liability is less clear-cut). I hope you and everyone involved are okay. Good luck

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