California State Law has something called “Proposition 213”, which is also known officially as the “Personal Responsibility Act of 1996”. This proposition limits the right of uninsured motorists (people driving without insurance), to recover any damages resulting from vehicle accidents, even when the accident is not their own fault.
Known as “Prop 213”, this law mainly limits the collection of non-economic damages that are the result of a motorvehicle accident from drivers that are not insured, regardless of the fact that the accident was not their own fault. While there have been various challenges to this law over the years, it has never been struck down and as of this writing, is still in effect and applicable to all drivers.
The rationale for this law is simple: a driver who does not protect others from their own potentially negligent actions while driving should not be able to get awarded or compensated for their own pain and suffering. Basically it is a punishment to those that drive without insurance. Many prospective clients that are injured in car accidents call the Accident Pros LLP with great accident cases. Unfortunately, if the prospective client didn’t have their own insurance while they were driving, we generally can’t take the case since our ability to get a recovery for the prospective client is significantly limited by law.
Many drivers in the state of California are not aware of the fact that their lack of insurance coverage now excludes them from certain damages and financial recovery, even if the accident is not their fault. This law even applies if you inadvertently let your insurance policy lapse. For example, let’s say your insurance policy expires at 11:59pm on January 7 and you forget to pay your premium to renew it? On January 8, you then get rear-ended by someone, resulting in injuries to your neck and back. While you will still be entitled to have your car repaired or replaced by the other person’s insurance, and you will also have your medical bills paid their insurance as well, you will not be able to recovery additional moneys for pain and suffering as a result of the accident.
You may be wondering why is it that if you’re uninsured while driving and involved in an accident, that lawyers generally will not take your case when you would normally think that they would be clamoring to take your case! Since most injury lawyers charge on a contingency, including our Accident Pros LLP, we earn our fees based on what we can recover for you over and above your basic medical bills. Since if you don’t have insurance lawyers cannot get you reimbursed for more than those medical bills, lawyers therefore cannot earn any fees on your case. Many people think this law is unfair, however it is still the law.
WHAT TYPES OF COMPENSATION ARE LIMITED BY PROP 213?
Prop 213 only limits “non-economic” damages that result from a car accident. “Non-economic” damages include losses from disfigurement, emotional or mental distress, pain and suffering, inconvenience, and physical impairment. “Economic” damages, however, are still available to accident victims that are affected by Prop 213. This would include things such as rehabilitation costs, future medical expenses, missed work meaning lost wages, and repairs to property or vehicles.
WHO IS AFFECTED BY PROP 213?
Generally, it is uninsured drivers that are directly affected by Proposition 213. If at the time of an accident neither you nor the car you’re driving is insured, Prop 213 would likely apply. As ignorance is no excuse, even if you were driving without insurance intentionally (ie. You legitimately thought you had valid insurance when in fact you didn’t, or perhaps were driving a car you thought had insurance but actually it did not), then Prop 213 would apply to you.
Drivers under the influence of alcohol or drugs are also a significant portion of those who implicated by Prop 213. In a case where a driver did was not the cause of the accident, but had been driving drunk, it may prevent him/her from collecting any damages for pain and suffering, as well as any other non-economic compensation.
ARE THERE ANY EXCEPTIONS TO PROP 213?
Yes! There are a few narrow exceptions to get around Prop 213 if you’re in an accident, in which you might be able to obtain all damages even if you or the car you were driving was not insured when the accident happened.
The first exception is if the vehicle that you were driving was an employer’s vehicle and it was not insured. In this narrow circumstance you might be able to still get non-economic damages for your injuries.
The second exception is if the accident occurred on private property. In this case, you might be able to obtain non-economic damages because the state law only requires that drivers have car insurance to drive on public roadways, but on private property.
The third exception is if you are driving a car that does not belong to you, and that car has no insurance, however you own another car for which you do have insurance coverage. This situation would exempt you from being excluded by Prop 213.
SHOULD YOU PURSUE A PERSONAL INJURY CLAIM/CASE IF YOU WERE DRIVING WITHOUT INSURANCE?
Even if you do fall under Prop 213, it does not mean you should not pursue compensation just because you didn’t have an insurance. Regardless of driving without insurance, you’re still entitled to lost wages, medical bills, damages to your car, or any other economic losses that you may have suffered due to the other person’s negligence. If you were in an accident, don’t take any chances or try to figure out these complex issues on your own. Feel free to call us for your free consultation with one of our friendly, award-winning lawyers and we can help explain the process and determine if you’re a Prop 213 case.
Call the Accident Pros LLP today and let us handle everything so you can focus on what matters the most: you.
