At The Law Offices of Jacob Emrani, we aim to obtain fair settlements for our clients. However, many hurdles can be encountered on the path to getting the compensation you deserve. One of those is California’s Proposition 213, also known as the Personal Responsibility Act of 1996 or the “Limits on Personal Injury Claims” initiative. It prevents individuals from recovering non-economic damages if they don’t have car insurance at the time of an accident (and can put insured motorists at a disadvantage).
How Does Proposition 213 Affect My Personal Injury Compensation?
If you’re uninsured, this law can significantly limit any compensation you’re eligible for. The financial consequences of not having the proper insurance coverage can be quite severe. Therefore, it’s important to be fully covered, or else you cannot recover non-economic damages, such as:
- Pain and Suffering
- Emotional Distress
- Disfigurement/Physical Impairment
- Loss of Enjoyment of Life
- Loss of Consortium
However, an uninsured vehicle owner can still pursue compensation for medical costs, property damage, lost wages, and other economic damages.
Why Insurance Coverage Is So Crucial in Southern California
The roads and highways around Los Angeles, San Diego, Inland Empire, and other parts of Southern California are notoriously congested. Vehicular accidents occur far too often. In 2023, the California Department of Transportation reported 151,285 crashes, resulting in 75,636 injuries and 1,654 fatalities statewide. The accident rate is highest in the state’s crowded cities.
Therefore, having adequate insurance coverage is critical. There are limited exceptions to the rules of Proposition 213. While an uninsured driver cannot receive non-economic damages, the restriction does not apply in the following situations:
- Passengers: A passenger injured in an accident can recover non-economic damages, even if the driver of the vehicle was uninsured at the time.
- Employer-Owned Vehicles: If a company-owned vehicle is uninsured, employees injured in a crash can recover non-economic losses (if they weren’t responsible for insuring the vehicle).
- Government Vehicles: Restrictions do not apply to government vehicles covered by public liability insurance. Victims injured by a government vehicle can recover economic and non-economic damages from the agency’s insurance.
Only individuals who don’t meet Proposition 213’s financial responsibility requirements are subject to its limitations. Its restrictions apply even if the uninsured individual was not at fault for the accident.
Why Was Proposition 213 Enacted?
The policy was created to prevent certain drivers from obtaining compensation from a car accident claim. Aside from promoting personal responsibility, it was intended to encourage compliance with insurance requirements and bring down insurance costs. But there’s no doubt about its purpose in promoting responsible driving, as it restricts these specific groups:
- Uninsured Drivers: The State of California requires all vehicle owners to have minimum auto insurance coverage. It protects drivers, passengers, and people in other vehicles. Being without liability insurance coverage forbids you from acquiring non-economic damages and can subject you to other financial and legal troubles.
- Drivers with DUI Convictions: Driving under the influence of alcohol, drugs, or both prevents a driver from navigating and reacting safely. Intended to deter drunk driving, the rule applies whether the DUI-convicted driver is at fault for an accident or not.
- Fleeing Felons: Individuals engaged in criminal activities and who are intent on evading law enforcement during a vehicular pursuit cannot obtain non-economic damages. This applies whether their actions or those of others resulted in a personal injury.
How to Get Compensation If the At-Fault Driver Was Uninsured
You can use your own Uninsured Motorist (UM) coverage to recover non-economic damages. It covers pain and suffering, up to the policy’s limits. Another option is to sue the uninsured at-fault driver directly. However, collecting assets, gathering the proper documentation, and dealing with delays, denials, and other insurance company tactics can be challenging. That’s why you need an experienced personal injury attorney.
Call Jacob to Represent Your Car Accident Personal Injury Case
Far too often, financially responsible drivers are put at risk by irresponsible motorists. We can help you leverage your uninsured or underinsured motorist coverage when you or someone else is injured in your car. It also applies if someone else was using your car with permission.
Our team fights to win economic damages for costs such as medical expenses. However, non-economic damages often take the greatest financial and personal toll. A pain and suffering claim or damage award for emotional trauma or disfigurement can have a high value.
The team at The Law Offices of Jacob Emrani works tirelessly to build your case and maximize the value of your settlement. We’ve recovered millions of dollars in damages for clients and will fight for the compensation you deserve. Call 888-559-3761 to request your free consultation.