Quote Quoting bcr229
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I thought in CA if you did not have insurance then you could not sue for pain and suffering?
Not quite. An uninsured driver cannot recover "pain and suffering" damages, but anyone can sue anyone for anything. Unless the plaintiff pleads in his/her complaint that he/she is uninsured, then the claim for "pain and suffering" is only susceptible of challenge by way of a motion for summary judgment or at trial. In the OP's case, if the uninsured driver's economic damages exceed the OP's policy limits and he/she is willing to settle for policy limits, then the inability to recover "pain and suffering" is immaterial.