On Sunday, September 20th, a bicycle was struck by a car around San Jose, near Alum Rock Avenue and White Road. The San Jose Police Department received reports that the accident took place around 10:30 p.m. The bicyclist was identified as a homeless man named Christopher Sosa, age 43. He was riding his bicycle outside the designated bike area when a car traveling north at White Road hit him. He was pronounced dead when the paramedics arrived. The driver did not flee and was questioned by the police at the scene.
Can An Uninsured Victim File A Personal Injury Lawsuit?
You can, but the damages you can claim are limited, especially if your car accident occurs in California. The state of California is one of a handful of states where Proposition 213 applies, which is more commonly known as the “No Pay, No Play” rule.
Under this law, if you were an uninsured victim and you file a personal injury lawsuit against the driver at-fault, you can only seek compensation for the medical treatment bills incurred due to the accident. You are not allowed to file a claim for non-economic damages. Even then, you still need legal assistance to file this claim against the defendant. If you want to know more about your legal options as an uninsured car accident victim, you can get a free consultation from one of our lawyers by calling (866) 698-2306.
Source: Mercury News