In California, damages arising from an automobile accident may be limited depending on whether the driver maintained liability insurance on the vehicle he/or she was driving at the time of the accident . In 1996, the insurance industry spent millions of dollars securing the passage of Proposition 213 which denies general damages to persons injured while driving an uninsured vehicle. Prop 213 has generated billions in profits for the insurance industry since then.
If you were the driver of a car that was not covered by insurance, Proposition 213 applies. Subject to limited exceptions an uninsured driver is entitled to recover only economic damages such as lost wages and medical expenses. The driver may not recover non economic damages, including damages for pain and suffering, disability, disfigurement, and emotional distress. Also, 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 non economic damages.
Certain exceptions to Prop. 213 have developed through established California law. 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.
As the foregoing indicates, it is critical for all California drivers to maintain basic minimum insurance coverage in California to avoid the harsh consequences of Proposition 213. In the event you have been involved in an accident, regardless of whether you had insurance or not, it is critical that you call LA Injury Attorneys immediately for a free in depth legal consultation.