California has a proposition that could limit your ability to recover damages when injured in a car accident you did not cause. This law may seem unfair, so let's take a look at what Prop 213 says.
What is Proposition 213?
Prop 213 was passed in 1996 with heavy support from the car insurance industry. Insurance companies spent millions to get the legislation passed, and it was money well spent for them because it helped generate billions of dollars in profit.
Prop 213 states that if you were injured in a car accident through no fault of your own, and if you were driving the vehicle without insurance at the time of the accident, you cannot recover non-economic damages.
Non-economic damages include pain and suffering, disability, emotional distress, loss of companionship, and more.
The only damages you can recover are economic, including:
- Medical costs
- Lost wages
- Vehicle damages
That is it. Any other damages you may have, you cannot recover for because you did not carry insurance. It’s a punishment for not carrying insurance. Prop 213 also applies if you were driving someone else's car, and there was no insurance on their vehicle.
Prop 213 Exceptions
As with most things in law, there are some exceptions.
Prop 213 does not apply to you if:
- You were driving your employer's uninsured vehicle.
- The accident happened on private property.
- You were driving a car that did not have insurance coverage, but you have insurance coverage on your car or for yourself.
- The driver who injured you was convicted of a DUI.
Exceptions are exceptions for a reason. Don't count on them to help you if you're injured in a car accident in California. What you can count on is the skilled personal injury team at Steinberg Injury Lawyers. We can work with you to make sure you get the full value of your claim.
Steps to Take If You're Injured in a Car Accident
If you do find yourself injured in a car accident in California, follow these steps:
- Get medical attention
- Take pictures of the accident scene
- Take pictures of your injuries
- File a police report
- Get witness contact information
- Don't speak with an insurance company representative until you've talked to a car accident lawyer.
You should alert your insurance company of the accident, but don't provide a recorded statement until you've met with a trusted Southern California injury lawyer.
The insurance company may jump to conclusions and pay you less than you deserve. They may even try to say your claim falls under Prop 213, which may not be the case.
By working with our car accident lawyers, we can work with the insurance companies to try and get you the full value of your claim.
Call Your Southern California Injury Lawyer
Steinberg Injury Lawyers is the car accident representation you deserve. We have the experience you need to help you get back on your feet and get the compensation you deserve - all of it.
Contact us today for a free, no obligation evaluation of your case to see who we can help you move forward.
