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How Prop 213 Affects a CA Personal Injury Case

Driving insured is incredibly important, whether or not an individual is at fault for the accident. On November 5, 1996, Proposition 213 became state law in California. The law—which is still in effect—restricts a person’s ability to collect non-economic damages (e.g., pain and suffering, emotional distress, etc.) in a car accident or personal injury lawsuit if he/she does not carry auto insurance or driving a vehicle that was not covered by insurance – no matter who is at fault for the collision.

Prop 213 also affects individuals who drive under the influence (DUI) of alcohol or drugs. If a drunk or drugged driver is involved in a car accident but did not cause the collision, the law may restrict him/her from recovering non-economic damages.

Essentially, Prop 213 punishes individuals for driving uninsured or being under the influence while driving by not allowing them to recover for their pain and suffering, emotional distress, etc.

However, the following are several exceptions to Prop 213:

  • When a person drives his/her employer’s uninsured vehicle
  • When a person borrows and drives an insured vehicle but has insurance for another car
  • When an accident happens on private property

If you are driving insured at the time of a crash, there is no need to worry about Prop 214. You will be entitled to recover both economic (e.g., medical expenses, lost wages, property damage, etc.) and non-economic damages without any limitations. If you are a passenger in a vehicle that is driven by an insured driver at the time of an accident, then you are also entitled to a full recovery for your losses.

California requires drivers to carry a minimum of $15,000 per person and $30,000 per accident in bodily injury liability coverage, a minimum $5,000 in property damage liability coverage. Carrying this coverage can ensure that Prop 213 does not apply to you if you are involved in an accident.

If you have been injured in a car accident in Glendale or within the surrounding area, contact Legal One Law Group, APC today at (818) 446-2009 for a free case evaluation. Also serving clients in Anaheim, Beverly Hills, Burbank, Lancaster, and Downtown Los Angeles.

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