Auto insurance has been mandatory in California for several years. Despite that, however, many opt to drive unlawfully for various reasons. In most cases, uninsured motorists claim they cannot afford the appropriate coverage. Nonetheless, they feel compelled to drive to various locations like work and school. This may have a substantial financial effect on law-abiding motorists who properly insure their autos.

For example, should an uninsured motorist hit an insured person, the latter must bear the responsibility. They will probably sue the uninsured motorist for damages for the crash. Unfortunately, if the motorist is uninsured due to financial hardships, the plaintiff may not recover any payout. Additionally, an uninsured person can sue an insured person if they were at fault.

Many insured motorists have complained about these scenarios, and understandably so. Consequently, California legislatures tried amending the existing statutes. California's Prop 213 is among the amendments.

What It Is

California Prop. 213 is also called the Personal Responsibility Act. The statute restricts uninsured motorists’ rights to sue for general damages in auto crashes. General damages are also called non-economic damages. They include the following:

  • Pain and suffering.
  • Loss of enjoyment of life.
  • Loss of companionship.
  • Mental anguish.
  • Emotional distress.

Apart from uninsured motorists, the law also limits felons’ and drunk drivers’ rights to sue for damages. Put otherwise, Prop 213 is a way of punishing motorists who fail to take accountability for driving by failing to obey the rules. Furthermore, it is a measure to achieve justice for law-abiding road users. California voters passed this law in 1996.

Prop 213 further defines the minimal requirements for auto insurance in California. California law necessitates motorists to provide evidence of their financial responsibility if they cause an accident. Acceptable forms of financial responsibility for drivers in California include:

  • A 35,000-dollar surety bond with a company license to operate in California.
  • A cash deposit of 35,000 U.S. dollars with the DMV.
  • A California DMV-issued self-insurance certificate. DMV stands for the Department of Motor Vehicles.
  • A vehicle liability insurance policy.

Regarding insurance, the law necessitates every motorist to carry a minimum auto amount of vehicle coverage. This includes:

  • At least five thousand dollars for property damage.
  • Fifteen thousand for bodily harm coverage per individual in a crash.
  • 30,000 dollars for bodily harm to more than a person per collusion.

Auto liability insurance compensates the injured victims of a crash the insured motorist causes. Additionally, motorists may buy optional insurance coverage. This includes:

  • Underinsured motorist coverage.
  • Collision coverage, and
  • Uninsured motorist coverage.

Apart from the above requirements, Prop 213 inclusion will greatly diminish the rights of motorists without auto insurance. The bill limits uninsured motorists' rights to pursue damages in an auto crash. That applies even if the uninsured motorist was not at fault for the crash. Additionally, if someone perpetrated a felony crime while driving, they would not recover general damages from the other motorist.

How Prop. 213 Impacts Different Parties In an Auto Accident

Prop. 213 has a ripple effect, affecting various auto crash victims. The parties include:

  • Passengers.
  • Felons.
  • Drunk drivers.
  • Third-party complainants.

Every party is subject to unique restrictions and considerations under Proposition 213, as follows:

Felons and Drunk Drivers

Felons and drunk drivers are subject to unique challenges under Proposition 213. You would not claim general damages if you were committing a felony or DUI crime when you got in an auto accident. That means you will not receive compensation even if you suffered immense suffering and pain. However, all is not lost. Based on the case facts, you could still claim special damages from the liable party.

Third-Party and Passenger Claims

Third-party and passenger claimants can rest easy. Prop 213 had only a few exemptions for these categories. You can claim general damages if you are a passenger in an uninsured auto and do not own that vehicle. However, there is a catch. You might not seek general damages if you own an uninsured car and were riding as a passenger when the collision occurred. It is a fine distinction but an essential one to make.

Prop 213 Exemptions

As we have seen, Prop 213 covers various cases but still has exemptions worth mentioning. There are multiple instances where this law does not apply, allowing recovery of general damages. These exemptions include the following:

Incidents on private property: Prop. 213 does not apply if a collision happens on privately owned property. Thus, an uninsured motorist may still claim general damages if their crash occurred on private property. However, note that the law's primary focus is on cases of underinsured or uninsured guilty drivers on public roadways. So, its application to private property accidents varies. You want to seek legal counsel in these kinds of situations.

Borrowed cars and employers’ uninsured autos: Another exemption under Prop. 213 entails borrowed cars and employers’ uninsured vehicles. You are exempt from Prop 213 limitations if you are a worker involved in an accident while using your employer's uninsured auto. That means you can claim general damages, provided you were not responsible for the absence of insurance. Likewise, suppose you are a licensed motorist who borrowed an uninsured auto and has an insurance policy for another car. In that case, you may also be exempt from this law's restrictions.

Liable driver convicted: Prop 213 limitations did not apply when the criminal court sentenced the at-fault motorist of a DUI or felony they perpetrated while driving.

Government Motor Vehicle Provisions

Specific provisions under Prop 213 apply to government motor vehicles.

  • Insurance requirements for government autos: in California, any government auto must meet particular insurance requirements. These include underinsured/uninsured motorist coverage and liability coverage requirements. Also, government bodies can opt to self-insure. That means they take on liability rather than purchasing insurance from a third party. This option enables government bodies to manage their risks and pay for damages if they occur.
  • Government vehicle exemptions: unlike passenger autos, Proposition 213 provides particular exemptions for government vehicles. If you have a government car, Prop 213 will not apply. You can still claim general damages if hurt while operating an uninsured government car. This exemption ensures public servants and people driving government cars for official duties do not assume liability unfairly. However, government workers must adhere to the law when driving personal vehicles.
  • Impact on claims that involve government autos: when a government auto becomes involved in a crash, damage recovery can be more intricate than when it is a private party. Complainants must follow the guidelines established under the California Government Claims Act. According to the Act, claimants must claim damages from the liable government agency within six months after the crash. That is, they must first file a claim within six months before they can pursue a personal injury suit.

You want to understand Prop. 23 nuances if involved in a car crash, particularly involving government vehicles. Ensure you consult a skilled personal injury lawyer before anything else. A lawyer will help you navigate the intricacies of this law. They will also ensure you achieve the most favorable outcome for your case.

Stolen Motor Vehicle Provisions

As we already know, Prop 213 greatly impacts uninsured drivers’ rights in vehicle crashes. One aspect often overlooked under this law is the provisions for stolen vehicles. This provision safeguards innocent motorists from liability if their auto becomes stolen and involved in a collision.

Per Prop. 213, a victim driving a stolen auto may not sue the stolen car owner for general damages. That applies even if that owner has auto insurance. The goal here is to discourage reckless driving and encourage insurance among vehicle owners.

Nevertheless, certain conditions impact the stolen auto provision’s applicability. These are:

  • Owner must not consent: the vehicle owner must not have indirectly or directly consented to the thief using the car. If they gave any form of consent, the provision may not apply.
  • The auto owner must report their car's theft: The auto owner must report the vehicle’s theft to the authorities to qualify under this provision. They must not only report but also do so before the crash occurs. Ideally, they should file the report immediately after they discover the theft.

Not that stolen car accident victims can still recover economic damages, regardless of the stolen vehicle provision.

Summarily, the stolen vehicle provision helps safeguard insured and innocent car owners from assuming liability for special damages if their stolen vehicle becomes involved in a crash. However, the vehicle owner must do two things to enjoy protection under this provision: report the theft and prove they never consented to the theft.

Prop 213 restrictions do not apply to people pursuing product liability claims. The limitations also cannot prevent a wrongful death case from the victim's heir or loved one. Prop 213 will not affect or inhibit workers’ compensation claims either.

Proposition 213 Shortcomings

Prop. 213 denies due process to many parties with possible claims, thanks to its strict restrictions. Put otherwise, these people's cases cannot even be subject to trial in court. The logic behind this is that there is no reason to grant every uninsured motorist a hearing. That is because uninsured drivers who opt to drive could easily evade the penalty of having no right to general damages.

Though this ruling may be good for many cases, it unfairly affects others. Imagine being in an accident that is not your doing, but you cannot claim damages because you are uninsured. That seems unfair.

Consider this incident: a county transportation department bus hits an uninsured driver’s packed car. The driver is not to blame for the crash and sues the transportation department for damages. The court grants them only economic compensation and denies them general damages because they lack insurance.

The motorist was not driving when the crash happened. Even so, they could not recover non-economic damages. This scenario indicates the benefit of carrying auto insurance in California. It also reveals the harsh reality for uninsured motorists under Prop. 213.

Cases like the one above have raised questions about Prop 213’s intent. Many feel the authorities should review cases like this on a case-by-case basis. Additionally, many people have argued that every complainant deserves due process.

Recovering Economic Damages With Prop 213 In Place

Prop. 213 restricts only the recovery of general damages for uninsured motorists. It does not limit the entire compensation. In that case, uninsured motorists can still sue for economic damages (special damages). Economic damages compensate for tangible monetary losses resulting from a vehicle crash. The damages include:

  • Past, present, and future medical expenses.
  • Past and future lost wages.
  • Property damages.
  • Out-of-pocket expenses.
  • Loss or diminished earning capacity.
  • Long-term personal and nursing care.
  • Medical supplies, medical devices, and medications.

So, uninsured motorists may not claim general damages but can pursue special damages.

Punitive Damages Recovery and Prop. 213

Punitive damages do not compensate for losses a victim suffered. Instead, the court awards them to punish the liable party for acting intentionally or grossly negligently, causing the accident. They also mean to deter the liable party and others from repeating the same conduct that resulted in the collision. A jury rarely grants these kinds of damages. If you qualify for punitive damages, Proposition 223 will not bar you from recovering them.

If you do not have auto insurance, talk to an auto accident lawyer before losing hope of recovering general damages. You may fall under any of the above exceptions, allowing you to claim these damages.

Protecting You and Your Motor Vehicle

A great way to safeguard yourself is to possess the required amount in auto insurance. Do not think you can evade collisions because you are an excellent driver. That will be taking riks, which do not pay off. Many uninsured drivers become surprised upon learning their expenses are not covered because of Prop. 213. They become even more shocked to learn they cannot sue for damages.

Navigating Proposition 213 in Auto Accident Claims

Sailing through Prop 213 allowances and restrictions can be intricate if involved in an auto crash. The following are steps to consider taking to succeed:

  • Understand your coverage: ensure you carry the required automobile insurance to safeguard your rights. This will help you avoid the restrictions imposed under Prop 213.
  • Document everything: keep thorough records of every expense and loss associated with the crash. For example, medical reports, repair costs, payslips, and receipts. The documentation will support your economic damages claim.
  • Seek legal counsel: consult a personal injury lawyer experienced in handling Prop 213 cases. They can offer invaluable guidance on maximizing your compensation amount. They can also help you overcome the legal intricacies.

By understanding Proposition 213 effects and taking proactive steps, you can successfully deal with the aftermath of an auto accident. And you can ensure you receive the compensation you deserve.

The Importance of Attorney Representation In Light of Proposition 213

Successfully bypassing Proposition 213 complexities necessitates expert legal help. This law may limit a lawyer's ability to pursue the maximum compensation amount for your case. However, partnering with one will still offer several possible benefits. These are:

  • Extensive understanding of legal jargon: Proposition 213 is intricate. So, navigating it requires you to understand it. You also must understand how it and other personal injury laws apply to your case. An attorney can help you identify this law’s exceptions, enabling you to seek more damages.
  • Tackling legal procedures: Navigating injury lawsuits and claims is a thorough process. It requires deadlines, paperwork, and several other procedural requirements. Your lawyer will help you prepare everything correctly and submit them on time. This will reduce errors that may harm your claim or lawsuit.
  • Greater negotiation force: Insurers understand Prop 213 restrictions. Thus, they might try to use them to grant you a lower settlement offer. A lawyer can negotiate against lowball settlement offers, giving you better odds of receiving a just settlement.
  • Maximum compensation: An experienced lawyer will devise a strategy to maximize your compensation. They will ensure you pursue all the economic damages you are entitled to.
  • Court representation: If your case goes to trial, your lawyer can represent you in court. They will present solid arguments and handle legal problems.
  • Avoiding legal risks: if you have no attorney representation, you might not know or understand your legal rights. This could lead you to make decisions that limit your compensation. Your lawyer can provide the insight, legal expertise, and counsel necessary to boost your compensation amount.

Find a Skilled Personal Injury Lawyer Near Me

If you have been in a vehicle accident, you want to understand how Proposition 213 will affect your case. Even if you have not been in a car collision, you need to understand this law just in case. In that case, expert counsel is only a phone call away. At The Personal Injury Attorney Law Firm, we offer complimentary consultations for personal injury cases across California. We can assist you in comprehending your legal standing. We can do even more. We will help you recover the compensation you deserve despite Prop. 213. Call us now at 800-492-6718.