P. v. Hooks
Defendant was injured and his car was damaged in an automobile accident that was not his fault. At the time the accident occurred, he did not have liability insurance, but he purchased minimum insurance later that day. Under Proposition 213, an injured person is not entitled to damages for pain and suffering (noneconomic damages) if he is not insured at the time of the accident. This case concerns defendant’s claim for damages arising from the accident. Following his conviction of two counts of insurance fraud, defendant appeals, claiming the trial court erred in refusing to permit his expert witness to testify about insurance industry practices and in failing to instruct the jury on mistake of law. Court found no errors and affirms his conviction.
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