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California Prop 213 Exceptions

California Prop 213 Uninsured Motorist

California Proposition 213 restricts uninsured drivers from recovering general damages, or compensation for pain and suffering, following a car accident.

Unfortunately, often times, insurance gaps happen, and so do auto accidents. In California, drivers are required to carry liability insurance when operating a motor vehicle on a public road.

What Are the Exceptions to California Prop 213

California Prop 213 was created to prevent uninsured drivers from recovering money for pain and suffering following an accident.

However, it does not limit your ability to recover medical costs, lost wages, or compensate you for future medical charges, if your accident was caused by a negligent driver. There are exceptions to the rule, and with a knowledgeable Glendale personal injury attorney, you can receive the compensation you deserve. Prop 213 does not apply to:

  • Passengers: As a passenger, you may not be subject to Prop 213 if the driver is uninsured
  • Employer-owned vehicles: You are not responsible for insurance on company-owned vehicles
  • Accidents resulting in wrongful death claims: You and your family can recover general damages even if the driver is uninsured
  • Accidents caused by drunk driving: You are still entitled to general damages if a drunk driver hits you while uninsured
  • Punitive damages: In addition to compensatory damages, a defendant who is found guilty of a serious crime or violation is also required to pay punitive damages
  • Private property: The accident occurred on private property,
  • Owner of vehicle did not have insurance: The owner of the vehicle did not have insurance, but the driver who borrowed the car did have insurance on another car. As such, the driver is considered insured and entitled to his or her full measure of damages.

If you were uninsured and injured in a auto accident, our knowledgeable accident attorneys can help you get the compensation you deserve. Call us at (310) 943-1171, 24 hours a day, 7 days a week for a free consultation tailored to the specifics of your case. Attorneys at KAASS Law speak English, French, Spanish, Russian, Armenian, and Italian.

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