December 14, 2020 Joseph Hernandez 0Comment

While individuals who don’t have insurance at the time of an accident are allowed to sue, there are restrictions placed on what they can ask for. In this article, you will find out all about what they can and can not sue for. The CA Prop 213 (Proposition 213) also known as the Personal Responsibility Act of 1996 in California, was enacted to protect California drivers against uninsured motorists.

According to Consumer Watchdog, in 1996, California voters passed Prop. 213, AKA “no pay, no play” initiative. This act states that drivers can not receive pain and suffering damages for injuries suffered in an auto accident caused by an uninsured driver. The only damages they can hope for are medical bills and lost wages.

However, there are instances where the scope of CA Prop 213 is limited. For example, when an uninsured driver is killed by an insured driver in a crash. Then the heirs of the uninsured dead driver decide to sue for damages. Under the CA Prop 213, the court may rule in favor of the uninsured dead driver even though he was not insured. As this case illustrates. In this 1999 case, a supreme court allowed the heirs of the uninsured driver to sue.

What happens if you are injured in California but you are uninsured?

CA Prop. 213 was enacted to protect law-abiding citizens against criminals and uninsured reckless drivers. However, that doesn’t mean every uninsured driver is a felon or a reckless driver. An insured driver can still be a fleeing criminal,  drive recklessly, and end up killing an uninsured driver, leaving her children without a parent.

Is CA Prop 213 a fair? 

On one hand, CA Prop 213 deprives you of receiving compensation if you do not have insurance on the car. On the other hand, it protects insured drivers from tort damages to certain felons (for instance hit and run drivers) and uninsured motorists. This means there are instances when the CA Prop 213 can be used unfairly against an innocent driver.

Examples of pain and suffering damages

Let’s say you are involved in a tragic accident that kills your spouse, and you are left severely injured. What legal recourse do you have? Special Damages and General Damages. Here’s how the two damages differ.

Special Damages can be anything that you can put a price tag on.  For example medical bills, and costs associated with repairing your car.

On the other hand, General Damages are not easy to put a value on. They include emotional suffering, trauma, etc.

When CA Prop 213 doesn’t apply? 

  1. CA Prop 213 doesn’t apply when the defendant was convicted of driving under the influence.
  2. If the plaintiff can prove that his harm was caused by some other form of negligence,

CA Prop 213 does not apply to wrongful death heirs. It’s not always easy to know when CA Prop applies unless you are a qualified lawyer. There are lawyers available who are qualified to help and answer any questions you have about CA Prop 213.

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