Proposition 213, also known as the Automobile Insurance Responsibility Law, imposes significant restrictions on the compensations that certain car accident victims can receive. Here, we explain what this proposition entails and how it affects personal injury cases.
What is Proposition 213?
Proposition 213 states that drivers who do not have car insurance at the time of the accident cannot receive compensation for pain and suffering, even if they are not at fault for the accident. This restriction also applies to drivers who were under the influence of alcohol or drugs at the time of the accident and to those who were committing a felony.
Impact on Personal Injury Cases
For car accident victims, Proposition 213 can have devastating consequences. Below are some of the ways this law affects personal injury cases:
- Limitation of Compensation: One of the main ways Proposition 213 affects accident victims is by limiting their ability to receive compensation for non-economic damages, such as pain and suffering. Even if a person suffers severe injuries due to a car accident, if they did not have insurance at the time of the accident, they cannot claim these damages.
- Incentive to Maintain Insurance: Proposition 213 also serves as an incentive for drivers to maintain valid car insurance. By restricting compensation for those without insurance, the law seeks to promote responsibility among drivers and reduce the number of people driving without coverage.
- Exceptions to the Rule: It is important to note that there are exceptions to Proposition 213. For example, passengers in an uninsured vehicle can still claim compensation for pain and suffering if they are injured in an accident. Additionally, uninsured drivers can still claim compensation for economic damages.
At GBLaw, we have a team of lawyers dedicated to protecting the rights of victims of car accidents. If you have been injured in an accident and are concerned about how Proposition 213 may affect your case, contact us today. We are here to provide you with the guidance and support you need to obtain justice and the compensation you deserve.
