What is Prop 213 & How Does it Work?
Prop 213 is a California law that went into effect on November 6, 1996, approved by California Voters. The Law was designed to limit drivers who were injured in a car accident from recovering their pain and suffering damages if they did not have car insurance, and if the vehicle they were driving was not covered by car insurance. The idea was that people who are not insured thereby failing to provide auto insurance benefits to others, should not get the benefit that other drivers purchased for the public’s protection. An idea of “fairness” that is a windfall to the insurance companies.
In California, a person who is injured in a motor vehicle collision, may be limited in what they can recover if the vehicle they were driving was not covered by insurance. There are exceptions to Prop 213, however, if Prop 213 applies, a driver or passenger injured in a car accident, through no fault of their own, maybe deprived of their pain and suffering damages only being able to collect their economic damages, such as their medical bills and loss of earnings.
Prop 213 has generated billions of dollars of profits for the insurance company due to the limitations placed on uninsured victims of motor vehicle accidents. It is important to make sure Prop 213 does not apply to your claim.
Does Prop 213 apply?
Did the vehicle have auto-insurance at the time of the collision?
If yes, Prop 213 does not apply. You are entitled to a full recovery for the injuries you suffered. There are no limitations.
Were you a passenger in the vehicle?
If yes, Prop 213 does not apply unless you were also an owner of the same vehicle involved in the collision. Absent ownership, you are entitled to a full recovery for the injuries you suffered. There are no limitations.
Were you a driver of the vehicle?
If yes and you did not have automobile insurance, Prop 213 applies. Subject to the exceptions listed below, the driver is entitled to only recover their economic damages such as past medical bills, past loss of earnings, future medical bills, and future loss of earnings. The driver may not recover their non-economic damages which includes pain and suffering, emotional distress, and disability.
What are the Prop 213 Exceptions?
If you were driving for your employer and the vehicle was not covered by automobile insurance, then Prop 213 does not apply and there are no limitations to your recovery. You may seek your non-economic (pain and suffering) damages for your accident injury.
If the collision occurred on private property, Prop 213 does not apply and there are no limitations to your recovery. You may seek your non-economic (pain and suffering) damages for your accident injury.
If you borrowed a vehicle and the owner of the vehicle did not have auto insurance, but you had auto insurance on another vehicle, then Prop 213 does not apply and there are no limitations to your recovery. You may recover all of the compensation that you are entitled to because there are no limitations to your recovery for your car accident claim.
If I was uninsured and Prop 213 applies, should I pursue a personal injury case?
If you were injured in an automobile or motorcycle collision as the result of someone else’s negligence, you are still entitled to compensation for your medical bills and lost wages, as well as the damage to your property. Contact us for a free consultation. We have represented several uninsured drivers with favorable outcomes.
