Is section 11580.80.1 of the California Civil Code requiring a plaintiff to sue for damages arising from a motor vehicle accident?
California, United States of America
The following excerpt is from Farmers Ins. Exchange v. Cocking, 173 Cal.Rptr. 846, 29 Cal.3d 383, 628 P.2d 1 (Cal. 1981):
It is argued that section 11580.1 contravenes a basic public policy, expressed in Civil Code section 1714, subdivision (a), making every person responsible for his own negligent acts. Similarly, it is urged that section 11580.1 also conflicts with the general policy favoring adequate recovery for persons injured in automobile accidents. (See Wildman v. Government Employees' Ins. Co. (1957) 48 Cal.2d 31, 39, 307 P.2d 359.)
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