What Is Prop 213 and How Can It Affect My Case?

Uninsured drivers can lose the right to pain-and-suffering damages, even when the crash wasn't their fault.

In 1996, California passed a state law stating that uninsured drivers injured in auto accidents cannot collect non-economic damages, even if the accident was not their fault. "Non-economic damages" basically means pain and suffering, and mental and emotional distress.

The reasoning was simple: a person who does not protect others from their own potential negligence (by driving uninsured) should not be able to recover damages for pain and suffering.

What Are You Still Entitled To?

Uninsured drivers who are not at fault are still entitled to any economic damages they suffered in an auto accident. These include medical bills and costs, lost wages, and the costs to repair their damaged vehicle or property.

Are There Any Exceptions?

Yes, some exceptions exist. Prop 213 does not apply, and you are entitled to full recovery for your injuries, if:

• The driver was driving for his or her employer at the time
• The accident happened on private property
• The vehicle was uninsured but the driver had insurance on another car
• You were a passenger and not the driver

If I Was Uninsured, Is It Worth Pursuing a Claim?

If you were hurt because of someone else's negligence, you are still entitled to be compensated. Even if you were uninsured, you may collect for lost wages, medical bills, and costs to repair your vehicle. If you need advice on your accident or help locating the right medical treatment for your injuries, contact our experienced team for a free consultation.