Proposition 213 is a California state law that went into effect on November 6, 1996. This law is intended to restrict uninsured motorists from collecting non-economic damages resulting from a motor vehicle accident, even if the collision was not their fault. This article explains Prop 213 and how it affects drivers in California in more detail.
Types of Compensation Affected by Prop 213
Prop 213 primarily impacts drivers who don’t have insurance at the time of the accident. In other words, if you were uninsured at the time of the crash and the car that you were driving was not insured, Prop 213 may apply to your case and you may be denied the ability to seek compensation for non-economic damages.
Prop 213 also applies to those driving under the influence of drugs or alcohol (DUI). If a driver gets into an accident while under the influence, the law restricts them from seeking non-economic damages even if they didn’t cause the crash.
Exceptions to Prop 213
Just like any law, there are some narrow exceptions to Prop 213 under which you may be able to seek all the damages you are entitled to, even if you were not insured at the time of the accident:
- If you were driving a company car which was not insured at the time of the accident, you may still seek non-economic damages for your related injuries.
- If the accident occurred on private property, you may seek all money damages that you would normally be entitled to. The law only requires that motorists carry car insurance while driving on public roadways.
- If the owner of the car you were driving at the time of the accident did not have insurance on the car, but you, as the driver, did have insurance on another car, Prop 213 does not apply to you. In other words, although the car was not insured, your own personal insurance entitles you to seek all compensation that would normally be entitled to.
If you or a loved one has been injured in an accident caused by the negligence of another party, you should discuss your legal options with an attorney as you may be entitled to compensation. The skillful attorneys at the Law Offices of Samer Habbas & Associates specialize in all types of personal injury accidents and have successfully attained service and results that go beyond expectations. For more information or to schedule a complimentary consultation with one of the attorneys, please call 949-727-9300.