Enacted in 1996, Proposition 213 limits the entitlement of those who are injured in an auto-accident to economic damages alone… if the injured driver was not carrying automobile liability insurance at the time of the accident.
Generally, insured drivers can receive compensation for both economic damages and non-economic damages after an accident. If you’re a passenger in a vehicle with a driver that is uninsured, this law doesn’t affect or apply to you.
What are Economic Damages?
These are damages or costs you incur from the accident. These can include past and future medical costs, lost wages or income, property damage, towing, rental and more. These are usually easy to prove because of the monetary value linked to each cost. However, their values can depend on the circumstances of the accident.
What are Non-Economic Damages?
Non-economic damages can include pain and suffering, disfigurement, loss of use, disability, mental anguish, or impaired quality of life. This type of damages can become harder to calculate because they are less evident. Certainly, they do have values, but they’re more difficult to prove. Most of the time, they require expert testimonies and assessments to prove.
If you got into involved accident while driving an uninsured vehicle, then you will not be able to collect non-economic damages. However, this can only apply if you didn’t cause the accident.
Exceptions and Exemptions To Proposition 213
Luckily, California law does provide exceptions in terms of compensation for non-economic damages for those without valid insurance.
For instance, If the at-fault driver was driving under the influence of alcohol or drugs (DUI), then the injured parties can receive compensation for non-economic damages. This applies even if they had auto insurance at the time of the accident.
Injured passengers of the non-insured vehicle can also receive non-economic damages even if the non-insured driver is exempted.
Either way, getting the services of a personal injury attorney is important. They can help you fight for your rights.
Why Do You Need Auto Insurance?
No matter how safely you drive, you can still get into an accident due to other drivers and their carelessness. Auto insurance serves as protection. It helps shield you from excessive costs because of an accident. In fact, having auto insurance is a basic part of being a responsible car owner.
In general, you must make sure that the vehicles you drive have valid insurance. Having auto insurance can help give you the peace of mind. This safeguards your financial recovery after an accident. No one wants to get in an accident. More so, no one wants to be a victim who can’t collect for huge bills and continuing damages. These overwhelming costs can be detrimental to your mental, physical and financial health. If These can cause stress, which is not good for your physical recovery.
If you do get into an accident, a personal injury lawyer can help you through the whole ordeal. A lawyer can help guide you from start to finish. Also, a lawyer can help you receive the compensation you truly deserve.