Usually, when you are hurt in a car accident as a result of someone else actions, you are generally eligible to receive damages for repairs to your vehicle, medical bills, lost wages, and compensation for pain and suffering.
However, Prop 213 states if you are driving a car or a motorcycle without insurance. You cannot receive non-economic damages related to the accident, like pain and suffering. Uninsured drivers can receive compensation for vehicle repairs, medical costs, rehabilitation costs, and lost wages due to the accident.
The purpose of the law is to encourage people to have car insurance. However, most uninsured drivers have no idea that this is a consequence, even if they are not at fault for the accident.
Does Prop 213 apply to you?
Prop 213 does not apply to passengers of uninsured drivers or minors. There are another few exceptions to Prop 213, which may help you receive more damages, even if you did not have insurance at the time of the accident.
- Suppose you have insurance on another car, but the owner of the vehicle you were driving does not have insurance. In that case, you may still be able to receive non-economic compensation related to the accident.
- If the accident occurred on private property, you might be exempt from Prop 213. This is because no law requires drivers to have auto liability insurance if they are driving on private roadways, whereas there is a law that requires it for public roads.
- You could still receive damages if you were driving for an employer and that car did not have insurance.
- If a drunk driver caused the accident, an uninsured driver could generally sue for pain and suffering.
Even if Prop 213 applies to you and you were injured in a car accident due to someone else’s negligence, you can still seek some compensation. The best way to avoid this is to ensure that you have California liability insurance. If you have any questions, contact an Eason & Tambornini personal injury attorney today.
