Q: In Calif. If a admittedly speeding driver rear ends a car,flipping it over on the freeway,is there grounds against P213
Consider that the at fault driver states that the person they hit suddenly appeared in front of them,ON A STRAIGHT AWAY, and they (the at fault driver) didn't adjust his speed for upcoming traffic, but just tried to avoid the impact by turning their car hard left, overturning both vehicles. Both parties are taken to the hospital by ambulance, but the not at fault party has no insurance. Their car was purchased a little over a week before. There was an attempt to get insurance but they needed sr22 for a 2 year period, DMV reinstatement fines, all on top of insuring the car. They were not the registered owner yet, as the fees in total were more than the party had in total. Neither had the seller of the vehicle not relinquished responsibility at DMV yet. If the seller has other vehicle that's insured, can't the buyer who was not at fault be considered a permissioned user of the vehicle? Also would it help if the injured person sought to have charges brought against the other driver?
A: That is a great question and should be explored because if the "owner" was still the seller and had permitted the "buyer" to drive the car before the sale was consumated then that might work. As for the at fault driver - the police will investigate and the DA will decide whether to charge or not. The victim doesn't get to make that decision. Get a hold of a personal injury attorney right away to discuss and good luck to you.
1 user found this answer helpful
A:
you pose a lot of questions to which the answer is IT DEPENDS.
you didn't mention anything about YOUR UM?
let your company pay and they can go after (subrogate against) the parties at fault.
without wits' the other party can say something adverse to what you are saying and it is then LIARS poker.
remember most accidents are negligence, not intentional (criminal) matters.
it is up to the DA to decide upon a filing.......not you!
A:
In California, under Proposition 213, if a driver is uninsured at the time of an accident, they are typically barred from recovering non-economic damages, like pain and suffering, even if the other driver is at fault. However, economic damages, such as medical bills and property damage, can still be recovered. The circumstances you described suggest the other driver was at fault for the accident, which might allow you to claim these economic damages despite the lack of insurance.
Regarding the insurance situation, if the seller of the vehicle still had it registered under their name and insurance, there might be a possibility that their insurance could cover the accident, depending on the policy details. Insurance policies often cover permitted users, but specific terms and the fact that the sale was not yet finalized with the DMV could complicate matters. It's essential to review the insurance policy of the vehicle's registered owner to understand the coverage.
It's also advisable to report the accident to the authorities and ensure all details are correctly recorded, as this can impact any legal actions or insurance claims. While criminal charges against the at-fault driver are separate from civil claims for damages, a police report and any subsequent legal findings can support your case. Consulting with an attorney can provide you with advice tailored to your situation, including how to approach the insurance issues and potential claims under Proposition 213.
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