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Can driving without insurance affect your ability to recover compensation for your injuries?

David H. Ricks provides legal services in the following personal injury practice areas: Car, Truck, Motorcycle, Pedestrian, and Cyclist Accident Cases
*Slip and Fall Accidents and Premises Liability Cases
*Dog Bite and Animal Attack Cases
*Medical Malpractice and Surgical Error Cases
*Wrongful Death Cases

8600 Utica Ave., Suite 200
Rancho Cucamonga, CA 91730
TELEPHONE: (909) 481-0100

Welcome, I am David Ricks. I am a personal injury trial lawyer in Rancho Cucamonga and the principal of the Inland Empire Law Group. I want to talk to those who do not have insurance and decide to drive on our California Highways and Roadways. Those who do not have insurance put both themselves and others at significant risk. I want to focus on those who do not have insurance and the risks that are associated for them if they are involved in an accident. First off, if you are uninsured and you cause an accident, you now are personally liable and responsible for the injuries you cause as a result of that accident. That can result in ten’s and thousands if not more dollars against you inform of a judgement against you that someone may try to collect against you, against your wages, your earnings, your home, etc. But, it also has an effect on you if you are not responsible for the accident, but someone else hits you. A number of years ago in California, we passed a proposition called proposition 213. That proposition limited the rights of those that are uninsured to recover what is called pain and suffering or general damages. If someone is hurt in an accident and they have their own insurance policy, their own liability insurance policy, they could make a claim for both their property damage, their loss of earnings, their medical expenses and also for their pain and suffering and what is called general damages. Let’s say that they lost a leg, that is a significant loss there, and they can make a recovery for that loss. But if the person who was driving and was struck by another driver, and that driver does not have liability insurance, and is driving while uninsured the nature and scope of the recovery will be limited to the finical losses, or the financial losses in the future that that person may have. But they could not recover for pain and suffering, disfigurement, or general damages and that could be significant. It really puts a major limitation on a person’s right to recover a result of injuries. If you are currently uninsured find some form of insurance that you can afford at least to maintain a liability coverage to protect you in case someone else hits you. I always encourage everyone to buy as much insurance as one possibly can including uninsured motorist coverage to protect them from those that are driving without insurance.

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