A unique California law does not allow general damages to uninsured motorists involved in traffic collisions.
Prop 213 is a law unique to California that disallows general damages such as pain and suffering to uninsured motorists that are involved in a traffic accident within the state. This statute applies only to the driver, not their passengers and also applies whether or not the uninsured driver caused the accident.
Disclaimer: If you have been involved in a traffic accident, do not rely on this as legal advice. Please contact a lawyer as soon as you can.
Some years ago, California voters passed Proposition 213 (Prop 213) that states uninsured drivers will not be able to collect any compensation for their pain and suffering even when the car accident in question was not their fault. While the driver is not eligible for compensation, the same is not true of their passengers.
While the driver is banned from general compensation, the uninsured motorist can still collect compensation for medical bills and expenses that arise because of the injury. This can help in many situations, but lawyers are hesitant to help these folks because of the lack of money available to pay their contingency fee.
This law is a punishment: if the accident is your fault and you are not able to protect others, you should not be able to collect the same reward if someone is to crash into you. It is thought that many Californians who do not carry insurance are completely unaware of the law.
The one exception to this rule is if the uninsured driver was hit by an intoxicated driver. Prop 213 does not apply to the driver, and they are eligible to collect compensation for their pain and suffering.
The only way to be financially protected is by having the right
auto insurance. You need a policy that will work to keep you safe whenever you are behind the wheel of your vehicle.
Contact the independent insurance professionals at Little & Sons Insurance Services for all of your car insurance needs in Banning, Beaumont, Calimesa, and surrounding California areas. We will work with you to find the coverage you deserve, all at the right price to fit your budget.
