Answer: If you are injured driving a car and do not have insurance on the car, Prop 213 prevents you from obtaining damages for your pain and suffering even when the car accident was not your fault.
In California, if you are injured in an automobile collision, your damages may be limited, depending on whether there was insurance on the car.
Was the vehicle insured at the time of the accident?
If the answer is Yes, Proposition 213 does not apply.
If the answer is No, were you the driver or a passenger?
- If you were the driver in a car that was not covered by insurance, Proposition 213 applies. You are entitled to recover only economic damages such as your lost wages and medical expenses. You may not recover noneconomic damages. These are damages for pain and suffering, disability, disfigurement, and emotional distress.
- If you were a passenger in a car that is not covered by insurance, Proposition 214 does not apply. You are entitled to a full recovery for your injuries. You may recover both economic and noneconomic damages.
The insurance companies spent millions to pass Proposition 213 in 1996. In turn, Prop 213 has generated hundreds of millions of dollars in profits for the insurance industry because Californians without auto insurance, injured in a car crash through no fault of their own, are restricted in the compensation they can require, even when the driver at fault for the collision had insurance.
Prop. 213 Exceptions
We recommend you should always make sure that you have insurance on your vehicles and that any vehicle you drive is insured.
At the same we understand that there may be situations in which you may not have insurance. We are committed to obtaining the maximum recovery allowed under the law for injured car drivers, whether or not they own a car insurance policy
Under the law, certain exceptions to the harsh rule of Prop. 213 have developed. For example, the law does not apply when the car operator is driving their employer's uninsured vehicle or if the accident occurred on private property. If the owner of the vehicle did not have insurance, but the driver who borrowed the car did have insurance, the driver is considered insured and entitle to his or her full measure of damages.
Finally, even if Prop. 213 applies, a committed auto accident attorney can obtain for you every penny you are owed for your economic damages such as your property damage, medical bills, and lost wages.
More Articles on Prop 213 by Car Accident Attorney Chris Dolan
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