A distinctive California law disallows general damages such as pain and suffering, loss of enjoyment of life, and emotional distress, to uninsured motorists involved in traffic collisions inside the State.
It applies strictly to the driver and/or owner of the automobile and not passengers. However, if a passenger is a co-owner of the vehicle, such as a husband and wife in a car, proposition 213 will apply to both co-owners, and they will not be entitled to general damages.
It applies whether or not the collision was caused by the uninsured motorist. In other words, even if you are not at fault in the accident, let’s say you got rear-ended, the law applies to you to punish you for not having insurance.
Some exceptions apply and are explained in this article.
If you did not have insurance, and you were in a motor vehicle accident, and you were not at fault you should immediately call us at the Law Office of Norman Gregory Fernandez, 800-816-1529, we may still be able to help you with your case even if you are uninsured.
Therefore, with proposition 213 in the state of California, all of those who are injured due to the negligence of a third party in the accident may not be able to collect general damages in their vehicle case, or personal injury litigation.
Quite a few years back, California voters passed Proposition 213, or Prop 213 for short. Prop 213 states that uninsured drivers do not get to collect general damages, i.e. pain-and-suffering, loss of enjoyment of life, and emotional distress, even where the car accident isn’t their fault.
While the motorist is unable to collect general damages, this is not true of the innocent motorist’s passengers.
Regardless of the driver’s lack of liability insurance policy, the passengers of the uninsured motorist aren’t barred from recovering overall general and special damages via Prop 213.
Although the driver is barred from general damages compensation, the uninsured driver can still collect special damages which are out-of-pocket expenses such as property damage, loss of wages, payment for medical bills and expenses incurred due to accidents arising from the crash, etc.
Most car accident and personal injury attorneys will not take proposition 213 cases, because of the absence of money available to pay their contingency fee. However, the Law Office of Norman Gregory Fernandez will in many cases accept proposition 213 cases. Call us now at 800-816-1529.
The rationale behind the proposition 213 law is straightforward. People who do not protect others from their own negligent actions should not be allowed general damages. It is a punishment for drivers Who drive uninsured, pure and simple.
Whether California’s proposition 213 encourages individuals to carry insurance or not is a good question. I suggest that many uninsured motorists within California are completely unaware that their lack of coverage precludes them from recovering general damages even where they aren’t responsible.
A lot of people call my law firm and are upset to learn of the California proposition 213 law and feel it isn’t just.
Just or unjust, the legislation exists and precludes general damages, i.e. pain and suffering, etc., to drivers without proper liability insurance policy for their own negligent actions on the roadways. Proposition 213 applies to all vehicles on California roads, including but not limited to trucks, buses and motorcycles as well.
One exception to by California proposition 213 preclusion of obtaining general damages for uninsured motorist, is cases where the driver that causes the car crash and subsequent injuries is drunk and is found to be DUI. This includes driving while under the influence of drugs other than alcohol as well.
This preclusion for negligent parties who are driving under the influence will cause Prop 213 to not apply to the uninsured motorist, where they are seeking an award general damages, including pain and suffering in a California car accident/personal injury case resulting from a car accident on the roads of California.
The reasoning for this is that the person who person who was under the influence, that struck them was more reckless then the uninsured motorist, and it wouldn’t be fair to punish someone for not having insurance where they’re struck by a drunk driver.
Another aspect of proposition 213, is that the Department of Motor Vehicles will suspend a person who is found to be driving without liability insurance. Uninsured motorist may also face a monetary fine.
The best way to prevent losing your driver’s license, and having to pay a fine, and being able to collect fool damages in a California motor vehicle accident case, is to ensure that you have minimum California liability insurance.
There are special programs available in California for persons who do not have a lot of money, there are discount programs available.
If you have been in a car, motorcycle, truck, bus, or other type of motor vehicle accident anywhere in the state of California call Thought Law Office of Norman Gregory Fernandez immediately at 800-816-1529, we will electronically sign you up so do not have to come into our office, we will provide medical care even if you do not have medical insurance, and in most cases we accept California proposition 213 cases.
By California Car Accident attorney Norman Gregory Fernandez, Esq., June 3, 2019
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