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I am not familiar with California laws but... In 99% of cases, the person who rear-end's you is At Fault. If the other person is at fault, they are liable for damages and medical injuries. The fact that you are not insured does not make the at fault driver not responsible for damages and injuries that he or she causes.

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Q: Rear ended in California with a lapse in auto insurance is the person that hit you still responsible for medical injuries?
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