Under California law, drivers are required to carry liability insurance when operating a motor vehicle on a public road. If you were involved in an accident, due to the fault of another, while operating a motor vehicle without liability insurance you likely fall under “Proposition 213”. Under California law, uninsured motorists involved in traffic collisions within the State of California, whether or not the collision was caused by the uninsured motorist, are not allowed to recover general damages such as pain and suffering.
HOWEVER, there are exceptions to Prop 213. For instance, Prop 213 strictly applies strictly to drivers and not its passengers. If you have been involved in a car, truck, motorcycle, bus or other motor vehicle accident, do not rely on this as legal advice. Speak to a Glendale accident attorney today and request a free consultation
What Type of Damages Can Prop 213 Uninsured Motorist Recover?
There are certain exceptions to Prop 213. For instance, Prop 213 does NOT limit your ability to recover medical costs, lost wages, damaged property, or compensate you for future medical charges. As an uninsured motorist, Proposition 213 creates serious difficulties, fears, and frustrations to your accident claim. Regardless of your insurance status, adjusters are skilled in limiting the damages you can recover. Even if you are entitled to compensation, insurance companies can hold your lack of coverage against you in your claim. Thus, if you fall under Prop 213 uninsured motorists, your difficulties just got harder. There are exceptions to the rule, and with a knowledgeable and established personal injury attorney, you can receive the compensation you deserve.
Situations When Prop. 213 Does NOT Apply:
- Only Applies to Drivers/Owners of Uninsured Vehicle Not Passengers– Prop. 213 is designed to punish people that violate the insurance laws of the state. It does not apply to passengers, unless that passenger is also the owner of the uninsured car. Even then, the owner can avoid Prop. 213 if the driver is insured. Goodson v. Perfect Fit Enterprises, Inc. (1998) 67 Cal.App.4th 508
- Punitive Damages – You may still recover insurance payments made to punish the at-fault driver if that person breaks the law
- Make a Claim for Punitive Damages – The purpose of punitive damages it to punish, not to compensate. Therefore, they appear to fall outside of Prop. 213. , as such. you may still recover insurance payments made to punish the at-fault driver if that person breaks the law. For insurance, if you were struck by a drunk driver
- When You Borrowed A Uninsured Vehicle – Prop 213 does not apply, if the owner of the vehicle was not insured, but the driver who borrowed the vehicle was insured,
- When The Defendant Was Convicted of a D.U.I. – Civil Code 3333.4 specifically exempts the application of Prop. 213 in cases where the defendant was (convicted of) driving under the influence
- Does NOT Apply to Employer Owned Vehicles – Employees are not required to buy insurance for their employer’s vehicles. That responsibility falls to the employer, so the innocent employee will not be punished for their employer’s failing. Vargas v. Athena Assurance Co. (2001) 95 Cal.App.4th 461
- Show Some Other Negligence – Civil Code 3333.4 applies to “any action to recover damages arising out of the operation or use of a motor vehicle.” Therefore, if the plaintiff can show that his harm was caused by some other form of negligence, Prop. 213 does not apply
- Example: Product’s Liability (Dangerous or Defective Vehicle) – See Allen v. Sully Miller Contracting (2002) 28 Cal.4th 222
- Example: Premises Liability (Dangerous or Defective Roadway) – See Anaya v. Superior Court (2002) 96 Cal.App.4th 136
- Does NOT Apply to Wrongful Death Heirs– Wrongful death heirs may still recover for the loss of “damages for loss of care, comfort, and society” etc., from their uninsured decedent. See Horwich v. Superior Court (1999) 21 Cal.4th 272
- Accident Occurred on Private Property– Prop 213 does not apply if the accident took place on private property
It is important to find an experienced accident attorney that is experienced with accidents involving Prop 213.
KAASS LAW is authorized to practice law in California. The above content is intended for California residents only. This content provides only general information which may or may not reflect current legal developments.
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