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N Cal Attorney
N Cal Attorney, Attorney
Category: Personal Injury Law
Satisfied Customers: 9415
Experience:  since 1983
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Is the spouse of an injured party in accident entitled to

Customer Question

is the spouse of an injured party in accident entitled to loss of consortium of the injuries are severe but the injured party did not have liability insurance nor any other insurance at the time of the accident. yes or no and where to find the case laws or statutes or materials to prove that.{QUESTION}
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  N Cal Attorney replied 1 year ago.

Thank you for your question.

If the spouse can sue for loss of consortium whether or not the injured party had insurance is arguable both ways.

Civil Code:

1431.2. Several Liability for Non-economic Damages (a) In any action for personal injury, property damage, or wrongful death, based upon principles of comparative fault, the liability of each defendant for non-economic damages shall be several only and shall not be joint. Each defendant shall be liable only for the amount of non-economic damages allocated to that defendant in direct proportion to that defendant's percentage of fault, and a separate judgment shall be rendered against that defendant for that amount. (b) (1) For purposes of this section, the term "economic damages" means objectively verifiable monetary losses including medical expenses, loss of earnings, burial costs, loss of use of property, costs of repair or replacement, costs of obtaining substitute domestic services, loss of employment and loss of business or employment opportunities. (2) For the purposes of this section, the term "non-economic damages" means subjective, non-monetary losses including, but not limited to, pain, suffering, inconvenience, mental suffering, emotional distress, loss of society and companionship, loss of consortium, injury to reputation and humiliation.

3333.4. (a) Except as provided in subdivision (c), in any action to recover damages arising out of the operation or use of a motor vehicle, a person shall not recover non-economic losses to compensate for pain, suffering, inconvenience, physical impairment, disfigurement, and other nonpecuniary damages if any of the following applies: (1) The injured person was at the time of the accident operating the vehicle in violation of Section 23152 or 23153 of the Vehicle Code, and was convicted of that offense. (2) The injured person was the owner of a vehicle involved in the accident and the vehicle was not insured as required by the financial responsibility laws of this state. (3) The injured person was the operator of a vehicle involved in the accident and the operator can not establish his or her financial responsibility as required by the financial responsibility laws of this state. (b) Except as provided in subdivision (c), an insurer shall not be liable, directly or indirectly, under a policy of liability or uninsured motorist insurance to indemnify for non-economic losses of a person injured as described in subdivision (a). (c) In the event a person described in paragraph (2) of subdivision (a) was injured by a motorist who at the time of the accident was operating his or her vehicle in violation of Section 23152 or 23153 of the Vehicle Code, and was convicted of that offense, the injured person shall not be barred from recovering non-economic losses to compensate for pain, suffering, inconvenience, physical impairment, disfigurement, and other nonpecuniary damages.

I do not know if you were an owner of the vehicle. If not, you have an arguable claim. I also don't know if the other driver was convicted of DUI as a result of the incident.

But, "There is no dispute that under the decisional law in California, a wife's claim for loss of consortium is separate and distinct from her husband's bodily injury claim" see

http://law.justia.com/cases/california/court-of-appeal/3d/211/431.html

I hope this information is helpful.

Customer: replied 1 year ago.
I started the free week trial. Do I have to pay anything now?
Customer: replied 1 year ago.
My name is Kamran **** and my email is **************
My phone: ***************
Thanks
Customer: replied 1 year ago.
I am in Encino, California and my question relates to the laws in California.
Expert:  N Cal Attorney replied 1 year ago.

My answer was based on California law.

You are expected to rate an answer as 3 or higher if you are satisfied.

Are you an owner of the vehicle? The way the statutes are written that is an important issue.