Answer: Prop 213 prevents drivers injured in a car accident from obtaining damages for their pain and suffering even when the accident was not their fault if they lack car insurance or the car they were driving was not covered by insurance.
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 YES, Proposition 213 does NOT apply. You are entitled to a full recovery for your injuries. There is no limitation on the damages you may recover.
If NO, were you the DRIVER or a PASSENGER?
- If you were the driver – again for a car that was not covered by insurance – Proposition 213 Applies. This means 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, Proposition 213 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 billions in profits for the insurance industry because Californians without auto insurance, injured in a car crash through no fault of their own, are shortchanged in the compensation they can obtain for their injuries.
Important Prop. 213 Exceptions
We understand that there may be situations in which you may not have insurance or believe mistakenly the car you are driving has insurance coverage. 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
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 California Proposition 213 by Car Accident Attorney Chris Dolan
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