What Is Prop 213? California Proposition 213 for Uninsured Driver

What Is Prop 213? California Proposition 213 for Uninsured Driver
https://rtmlawfirm.com/what-is-prop-213-california-uninsured-motorist/

Proposition 213 California, also known as the “Personal Responsibility Act of 1996,” was a voter-approved initiative passed in the said year. It restricts the rights of uninsured drivers involved in car accidents from recovering non-economic damages, like pain and suffering, in personal injury lawsuits, regardless of fault.

In essence, if you’re driving without insurance and are in an accident, Proposition 213 limits your ability to seek certain types of compensation. However, there are exceptions and nuances to consider.

How Does Proposition 213 Affect Uninsured Drivers?

If you are driving without insurance and get into a car accident in California, Prop 213 limits your ability to collect non-economic damages from the other driver. This means that even if the other driver was at fault for the accident, you cannot seek compensation for pain and suffering or emotional distress.

By limiting the ability to collect non-economic damages, Proposition 213 aims to incentivize responsible driving and prompt individuals to obtain car insurance. It also helps keep insurance rates lower for those who do have coverage since insurance companies are not forced to pay out as much in claims.

However, this does not mean that uninsured motorists cannot seek any compensation at all. They can still recover economic damages such as medical bills, lost wages, and property damage from the at-fault driver.

California Proposition 213 Exceptions

There are some exceptions to Proposition 213 that allow individuals injured by an uninsured driver to recover non-economic damages. What is Prop 213 and when does it NOT apply?:

Being injured while on the job – if you were working at the time of the accident, you can still seek non-economic damages from the at-fault driver.

Being a passenger in a commercial vehicle – if you were a passenger in a commercial vehicle that was involved in an accident with an uninsured driver, you may be able to recover non-economic damages.

Driving your own uninsured vehicle – if you were driving your own uninsured vehicle and were injured by another uninsured driver, you can still seek non-economic damages.

Intentional misconduct or DUI – if the at-fault driver was found to be intentionally causing harm or driving under the influence, passengers can still seek non-economic damages.

Out-of-state accidents – Proposition 213 only applies to accidents that occur in California. If you were injured by an uninsured driver in another state, you may still be able to seek non-economic damages.

Hit by an Uninsured Driver?

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