if you are uninsured and you are in an accident where you are not at fault can you sue for pain and suffering?

UPDATED: May 21, 2009

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UPDATED: May 21, 2009Fact Checked

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if you are uninsured and you are in an accident where you are not at fault can you sue for pain and suffering?

My brother was in a motorcycle accident and is insurance was cancelled and didnt know about it. the insurance of the other vehicle said he couldnt get pain and suffering because he was uninsured even though he was not at fault. is this true?

Asked on May 21, 2009 under Accident Law, California


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

I'm not a California attorney, but some reseach suggests to me that this is true.  It looks like California is one of several states that have adopted this rule, that prevents uninsured drivers, even if not at fault, from suing for "non-economic" losses.

Driving without insurance is a bad idea no matter where you live.  If you're caught, you can often lose your license, even if there's no accident.

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