Proposition 213, California Uninsured Driver Attorney

Experienced accident attorneys are aware of the exceptions to Proposition 213 and the possibility of challenging Proposition 213 in your case. Our law firm is one of the few firms to take cases for Drivers who do not have insurance in California. For help call us at 800-816-1529.

California prop 213 uninsured driver law

What an attorney can do for you

If you are injured in a car accident, regardless of whether you have insurance or not, you should consult with an attorney. A lawyer can work on your behalf to obtain the maximum possible compensation for your economic damages (vehicle repair, medical bills, therapy, and lost wages). A lawyer for vehicle accidents can also assess the possibility of non-economic damages (pain and suffering).

Very few personal injury auto accident law firms in California accept proposition 213 cases. The law offices of Norman Gregory Fernandez represent our clients in these cases. Call 800-816-1529

California’s uninsured motorist statute:

Prop 213, enacted in 1996, reduces the amount paid out to uninsured drivers who sustain injuries. Prop 213 determines the types of damages that can be recovered by uninsured car accident victims.

According to proposition 213, if you are the victim of a car accident and your vehicle is uninsured, you are only entitled to recover economic damages. Pain, suffering, inconvenience, physical impairment, disfigurement, and other non-economic damages are not recoverable.

As an uninsured driver who has been injured, you are only entitled to recover economic damages such as medical expenses, lost wages, and vehicle repair.

There are certain exceptions.

If you are a passenger in an uninsured vehicle, you are entitled to compensation for both economic and non-economic damages. If the driver of the vehicle at fault was under the influence of alcohol or drugs, the driver who was injured may be entitled to economic and non-economic damages. Additional exceptions to the proposition 213 include minors and those claiming wrongful death.

Legal aspects of proposition 213

The provisions of proposition 213 are codified in sections 3333.3 and 3333 of the California civil code. Civil code 3333.3 prohibits the recovery of damages if the injured party’s injuries were caused in any way by the injured party’s commission of a felony. Civil code 3333.4 prohibits owners and drivers of vehicles injured in an accident from recovering non-economic damages if the injured party was uninsured at the time of the accident, as mandated by California’s financial responsibility law.

The implementation of proposition 213 occurred on November 6, 1996.

Plaintiff advocates immediately challenged the statutes. In a number of cases, it has been determined that proposition 213 is unconstitutional under the specific circumstances of that case. However, the majority of defense attorneys, insurance carriers, and insurance claims adjusters will continue to apply prop 213’s provisions.

What is California Proposition 213?

Prop 213 prohibits drivers injured in a car accident from receiving compensation for their pain and suffering, even if the accident was not their fault, if they do not have auto insurance or if the vehicle, they were driving is not insured.

In California, if you are injured in a car accident, your damages may be limited depending on whether the car you were driving was insured. In 1996, the insurance industry spent millions of dollars to pass proposition 213. It has generated billions of dollars in profits for the insurance industry because Californians without auto insurance who are injured in a car accident through no fault of their own receive less compensation from the driver who caused the accident.

How proposition 2013 functions

Was the car you were driving at the time of the accident insured?

If yes, proposition 213 is inapplicable. You have the right to a complete recovery from your injuries. There is no cap on the amount of damages you can recover.

If you answered no, were you a passenger or the driver?

• Proposition 213 does not apply if you were a passenger. You have the right to a complete recovery from your injuries. Both economic and noneconomic damages are recoverable.
• if you were the driver of an uninsured vehicle, proposition 213 applies to you. Subject to the exceptions listed below, the driver is only entitled to recover economic damages such as lost wages and medical expenses in this scenario. Non-economic damages, such as pain and suffering, disability, disfigurement, and emotional distress, cannot be recovered by the driver.

Important proposition 213 exceptions

We understand that there are instances in which you may not have insurance or may have mistakenly believed that the vehicle you were driving was insured. We are committed to obtaining the maximum recovery allowed by law for injured motorists, regardless of whether they have auto insurance.

Exceptions to the strict rule of proposition 213 have developed. Prop 213 does not apply when:

• the driver was operating an uninsured vehicle owned by his or her employer;
• the accident occurred on private property; or
• the owner of the vehicle did not have insurance, but the driver who borrowed the vehicle did have insurance on another vehicle. In this case, the driver is considered insured and entitled to his or her full measure of damages.

Even if proposition 213 applies, a skilled and dedicated auto accident attorney at The Law Offices of Norman Gregory Fernandez & Associates can obtain for you every dollar you are entitled to for economic damages, such as property damage, medical bills, and lost wages. Call 800-816-1529 for a free consultation.

What should drivers in California know about proposition 213?

If you are injured in a car accident in California that was caused by another driver’s negligence, you may be entitled to compensation for your losses. However, your ability to recover damages may be limited if you were injured while driving an uninsured vehicle. This is due to a California statute that restricts the ability of uninsured motorists to recover non-economic damages. There are multiple exceptions to the general rule that people without insurance cannot recover all of the damages to which they would otherwise be entitled. You may be able to recover fair compensation for your losses with the assistance of a knowledgeable California accident attorney. We can help. Call 800-816-1529.

More about Proposition 213?

1996 saw the passage of proposition 213 in California. The insurance industry spent millions lobbying for the passage of this law. By avoiding paying non-economic damages to injured drivers who were operating uninsured vehicles at the time of their collisions, insurance companies have generated billions of dollars in additional profits. “3333.4. (a) except as provided in subdivision (c), in any action to recover damages arising out of the operation or use of a motor vehicle, a person shall not recover non-economic losses to compensate for pain, suffering, inconvenience, physical impairment, disfigurement, and other nonpecuniary damages if any of the following applies:

(1) the injured party was operating the vehicle in violation of section 23152 or 23153 of the vehicle code at the time of the accident and was convicted of that offense.

(2) the injured party was the owner of a vehicle involved in the collision that was not insured as required by this state’s laws on financial responsibility.

(3) the injured party was the operator of a vehicle involved in the collision, and the operator is unable to establish financial responsibility as required by this state’s financial responsibility laws.

(b) except as provided in subsection (c), an insurer shall not be liable, directly, or indirectly, under a liability or uninsured motorist insurance policy to indemnify a person injured as described in subsection (a) for non-economic losses (a).

(c) if a person described in paragraph (2) of subdivision (a) was injured by a motorist who was operating his or her vehicle in violation of section 23152 or 23153 of the vehicle code at the time of the accident and was convicted of that offense, the injured person shall not be barred from recovering noneconomic losses to compensate for pain, suffering, inconvenience, physical impairment, and disfigurement.”

In accordance with 3333.4(a)(1)-(3), this statute prohibits accident victims from recovering damages for non-economic losses, such as pain and suffering, disability, and disfigurement, when one of the following conditions is met:

• the injured driver was driving under the influence of alcohol or drugs.
• the injured person owned an uninsured vehicle that was involved in the accident. • the injured driver cannot demonstrate that he or she has met the state’s financial responsibility requirements.

If the vehicle that you were driving was insured at the time of the accident, proposition 213 does not apply. This means that you could recover compensation for your non-economic losses. If you were injured in an accident as a passenger of an uninsured vehicle, proposition 213 does not apply to you as long as you did not own the uninsured vehicle. You are eligible to receive compensation for your economic and noneconomic losses.

There are exceptions to proposition 213 that may allow you to recover full compensation for your losses if you were driving an uninsured vehicle in an accident that was caused by another party.

More Exceptions to Proposition 213

In certain instances, a driver may be unaware that the vehicle he or she was operating was uninsured. Even if you do not qualify for an exception, proposition 213 does not prevent you from recovering damages for your past and future medical expenses, past and future lost wages, and other out-of-pocket monetary losses when another driver’s negligence caused your accident. Proposition 213 also contains certain exceptions, including the following:

• prop 213 does not cover passengers of uninsured vehicles if they do not own the uninsured vehicle.
• prop 213 does not apply to company car drivers whose employers have failed to insure their vehicles.
• people whose fatal accidents are not covered by proposition 213
• drivers without insurance who are injured in accidents caused by drunk drivers are not covered by proposition 213.
• prop 213 is inapplicable to accidents that occur on private property.
• The recovery of punitive damages is not prohibited by proposition 213.
• 213 does not apply if the driver had insurance on a different vehicle, but the vehicle involved in the accident was uninsured and owned by another party.

If proposition 213 applies to your case, an experienced personal injury attorney can assist you in recovering damages for all of your economic losses, even if you are prohibited from recovering damages for non-economic losses. If you were involved in a car accident while uninsured that was caused by someone else’s negligence, it is imperative that you consult with an experienced auto accident attorney.

Why non-economic damages are crucial to a car accident claim’s value

There are two primary types of damages in a personal injury case: economic or special damages and non-economic or general damages. Special damages are monetary awards that compensate you for your actual out-of-pocket expenses, such as medical bills, lost wages, and property damage. Your non-economic or general damages constitute the majority of the damages that are typically awarded in personal injury claims. These damages are intended to compensate you for the following more intangible losses:

• physical suffering and pain
• deformity and scarring
• disability
• mental or emotional anguish

These damages are determined by multiplying the amount of your medical expenses by a factor between 2 and 6 when going for a settlement. If you sustain severe injuries, a greater factor will be applied. Due to this, your non-economic losses may far outweigh your monetary losses. Due to the extensive investigation and work required to build a strong injury claim, many personal injury attorneys will not accept a case where proposition 213 applies because the costs may exceed the amount recoverable. A personal injury attorney can review your case to determine if an exception applies and explain your available options.

If you were injured in an accident caused by another driver’s negligence while your vehicle was uninsured, you should consult an attorney to determine whether an exception applies. A lawyer from the law offices of Norman Gregory Fernandez will investigate all possible avenues of recovery for you. Contact us at 800-816-1529 for a free consultation today.

Get Help Now

The Law offices of Norman Gregory Fernandez & Associates has almost 3 decades of experience handling personal injury cases all over the state of California. We have handled thousands of cases and obtained millions of dollars in settlements and judgments for our clients. Call now for a no pressure free consultation with an actual attorney. 800-816-1529 extension 1. 

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