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 you were driving. The insurance industry spent millions to pass Proposition 213 in 1996. It 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 from the driver who caused the crash
How Prop 2013 Works
Was the vehicle you were driving 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 a PASSENGER or the DRIVER of the car?
- 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.
- If you were the driver of a car that was not covered by insurance, Proposition 213 applies. Subject to the exceptions below, in this situation the driver is entitled to recover only economic damages such as lost wages and medical expenses. The driver may not recover noneconomic damages, including damages for pain and suffering, disability, disfigurement, and emotional distress.
Important Proposition 213 Exceptions
We understand that there may be situations in which you may not have insurance or believed mistakenly that the car you were driving had 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. Prop 213 does NOT apply when
- the car operator was driving his/her employer’s uninsured vehicle,
- the accident occurred on private property,
- the owner of the vehicle did not have insurance, but the driver who borrowed the car did have insurance on another car. In this case, the driver is considered insured and entitled to his or her full measure of damages.
Finally, even if Prop. 213 applies, a skilled and committed car 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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