California’s Proposition 213 was a boon to insurance companies. This law limits the compensation an accident victim can receive if the car they were driving was not insured. This applies even if the accident victim is blameless.
Unfortunately, many of the people who continue to lack car insurance still get into accidents. Read on to determine how Prop 213 works and what rights you have.
Did the car you were driving have insurance at the time of the accident?
If it did, then Prop 213 does not apply. A Los Angeles driving without insurance lawyer can help you sue to receive compensation for all your injuries.
If the car was not insured, were you a passenger or a driver?
This matters for purposes of the law:
- If you were a passenger, then Prop 213 does not apply. You can receive full compensation for your injuries. Meet with a Los Angeles car accident lawyer to discuss submitting a claim to the at-fault driver’s insurer or filing a lawsuit.
- If you were a driver, then Prop 213 does apply. You will be limited in how much you can recover for compensation in a settlement or lawsuit.
What can I receive for damages if Prop 213 applies?
Let’s say you were driving a car without insurance and are injured in a crash. You are not completely barred from receiving compensation. For example, you will be able to receive money to make up for certain economic losses, such as:
- Medical expenses
- Lost wages
- Property damage
You can submit a claim with the at-fault driver’s insurance company. Obtain insurance information and gather proof of economic losses to submit.
However, you cannot receive any compensation for so-called “non-economic” losses, such as pain and suffering, emotional distress, disfigurement, or disability. Depending on the severity of your injuries, these non-economic losses can be considerable. Some car accident lawyers in Los Angeles estimate that victims can receive two or three times their economic losses in non-economic damages.
For example, someone who is completely paralyzed has suffered a loss that can’t be fully measured by looking at the costs of medical care or calculating their lost wages. Nevertheless, Prop 213 will block you from receiving compensation for non-economic losses if you were uninsured.
Are there any exceptions that might apply?
Yes. As with all laws, Prop 213 has exceptions. For example, you can still recover non-economic damages in the following situations:
- Although you are driving someone else’s uninsured vehicle, you personally have insurance on another vehicle. In this situation, you are considered insured.
- You were injured in an accident on private property. For example, you might have been on a private road when you were involved in a collision. Prop 213 does not apply.
- You were driving your employer’s vehicle, which was uninsured. In this case, as an employee, Prop 213 will not apply.
Sometimes it is not always clear whether an exception applies to you, so reach out to an experienced Los Angeles car accident lawyer to review the facts of your case.
We Can Answer Prop 213 Questions
El Dabe Ritter Trial Lawyers have helped injured motorist receive compensation for several decades, and we have an impressive track record of success. We have the experience necessary to help you win your case.
To speak with one of our Los Angeles car accident attorneys, please call 888-543-9414. We offer a free initial consultation.