What is California’s Proposition 213?
California’s Proposition 213, also known as the “Personal Responsibility Act,” was passed by Californians in 1996. A key provision to Prop 213 is that is prohibits uninsured motorists from recovering non-economic damages after a motor vehicle accident. The law can have harsh consequences, and uninsured motorists are encouraged to speak with a skilled personal injury attorney if involved in a car collision.
What is Prop 213?
Proposition 213 was introduced to limit the ability of certain individuals to recover non-economic damages in certain personal injury lawsuits. The law extends to uninsured motorists, and it says that uninsured drivers are barred from recovering non-economic damages following a car accident. This holds true even if another driver was at fault for the accident.
A main aim of the law was to:
- Encourage drivers to obtain insurance,
- Reduce the number of uninsured motorists on the road,
- Promote responsible driving, and
- Help reduce the financial burdens on insured, law-abiding citizens.
What are Non-Economic Damages?
“Non-economic damages” refer to damages in personal injury cases that do not have a readily identifiable value. They include compensation for such things as:
- Pain and suffering,
- Emotional distress,
- Loss of enjoyment of life,
- Disfigurement, and
- Loss of limbs.
What About Economic Damages?
Despite Prop 213, uninsured motorists in California can still pursue economic damages following a car accident.
Unlike non-economic damages, economic damages come with a definite value. These damages include such things as:
- Medical bills,
- Lost wages,
- Lost earning capacity,
- Out-of-pocket expenses, and
- Property damage.
Does Prop 213 Apply to Felons and Drunk Drivers?
Yes. Prop 213 does apply to felons and drunk drivers. This means that the following individuals in California cannot recover non-economic following a car crash:
- Those people who are committing felonies at the time of an accident, and
- Motorists who are driving drunk at the time of an accident.
Contact Justice Through Compensation for Help
If you or a loved one was injured in an accident, please know that the law firm of Justice Through Compensation is here to help. Our legal team is skilled, experienced, and passionate in their representation. Let us shoulder the burden of an injury claim or lawsuit while you focus on healing from your injuries. Contact us today for the quality legal help you deserve.