California Prop 213 Uninsured Driver

California Prop 213 Uninsured Driver Law

California Prop 213 Uninsured Driver Law:

Passed in 1996 prop 213 reduces the amount paid out to the injured drivers of uninsured vehicles. Prop 213 determines what kinds of damages can be recovered by uninsured victims of car accidents.

Per Prop 213, if you are the victim of a car accident and there is no insurance on your vehicle, you are only entitled to the recovery of economic damages. You are not eligible to recover non-economic damages such as pain, suffering, inconvenience, physical impairment, disfigurement, and other non-pecuniary damages. As an uninsured injured driver you are only entitled to recover economic damages such as medical bills, lost wages, and vehicle repair.

There are exceptions. If you are a passenger in a vehicle that is not insured, you are entitled to economic and non-economic damage. If the driver of the at fault vehicle was under the influence of alcohol or drugs, the injured driver may receive economic and non-economic damages. Additional Exceptions to Prop 213 include minors and individuals making claims for wrongful death.

Prop 213 Legal Considerations:

The provisions for Proposition 213 are embodied in California Civil Code 3333.3 and 3333. Civil code 3333.3 prevents a person from recovering damages if the person’s injuries were in any way caused by the injured person committing a Felony. Civil Code 3333.4 restricts owners and drivers of vehicles injured in an accident from recovering non-economic losses if the injured person was not insured at the time of the accident as required by the Financial Responsibility Law of the State of California.

Prop 213 took effect on November 6, 1996. Almost immediately plaintiff advocates challenged the statutes. There have been a number of cases which individually have determined prop 213 is unconstitutional in the parameters of that individual case. However, most defense counsel, insurance carriers and insurance claims adjusters will continue with apply the provisions of prop 213.

What a Lawyer can do for you:

If you are the injured in a car accident and you do or do not have insurance you should speak with an attorney. An attorney can work on your behalf to attain the most funds possible for your economic damages (vehicle repair, medical bills, therapy, and lost wages). An accident attorney can also evaluate the possibility of non-economic damages (pain and suffering). Experienced Accident attorneys understand the exceptions within prop 213 and the possibility of challenging prop 213 based the scenario of your case.

For a free lawyer referral to an accident lawyer with prop 213 experience contact Attorney Search Network. Attorney Search Network is a California State Bar Certified Lawyer Referral Service and can help you find the right attorney for your case.

If you have any questions about the information provided above, please contact Attorney Search Network.

If you need a Lawyer Referral call (800) 215-1190 or fill out the form above for a referral to an Attorney Search Network panel lawyer with Delivery Truck Accident experience.

If you have any question about what type of lawyer you need please contact us for a free Lawyer Referral to a California Attorney.