What is California’s Proposition 213? How does this affect California drivers?
In the state of California, the law states that every driver must have liability insurance on their vehicles. Proposition 213 is a California state law that went into effect on November 6, 1996. Prop 213 made it so uninsured drivers, drunk drivers, and felons were restricted from collecting non-economic damages, resulting from a car accident, even if the accident was not their fault.
For example, before to prop 213, if you were an injured victim of a car accident you could sue the responsible party to recover their economic losses (such as medical expenses, property damage, and lost wages) and non-economic losses (such as pain and suffering).
Today, under Prop 213, if you are an injured victim of a car accident, but did not carry auto insurance, you are only allowed to recover your economic losses. You are not entitled to pain and suffering from your injuries. In this way, the law punishes you by not allowing you to profit from an accident if you did not carry auto insurance or were driving drunk.
Contact a San Diego injury attorney at Acclaim Law Group if you have any questions about insurance coverage or whether Prop 213 applies to you.