What Happens if I get in an Accident without Insurance?
If you were in a car accident without insurance but not at fault in California, there are limits on the amount of money you can recover.
California’s Proposition 213 Rule
Under Proposition 213, an uninsured driver usually cannot get money for non-economic damages, even when they were not at fault.
Non-economic damages do not have a set financial value like medical bills. Instead, they help cover the personal and emotional effects of an injury, which can be just as serious as financial losses.
Non-economic damages often make up a large part of a personal injury claim. Non-economic damages can include the pain and suffering, loss of time with loved ones, and PTSD and anxiety that come with dealing with an injury after a car accident.
If you were hurt, you can still seek money for economic damages. These damages have a set value and may include medical bills, future medical care, lost wages, and lost income if you cannot return to your job.
What is Prop 213?
California voters passed Proposition 2131, also called the Personal Responsibility Act, in 1996. Now part of Civil Code Section 3333.42, it limits non-economic damages for three groups after a car accident:
(1) uninsured drivers,
(2) drivers under the influence, and
(3) people committing a felony that helped cause the crash.
Uninsured drivers are the group most often affected.
This rule applies even if the uninsured driver did nothing wrong in the crash. The law does not focus on who caused the accident, but whether the driver followed California’s insurance requirements.
Exceptions to Prop 213
Prop 213 has limits and allows uninsured drivers to recover non-economic damages in some cases. These exceptions4 include:
Prop 213 does NOT apply to if the at-fault Driver was Convicted of DUI.
If the driver who hit you was convicted of DUI, you may still recover non-economic damages even if you were uninsured. This exception prevents impaired drivers from avoiding responsibility for the harm they cause.
Prop 213 does NOT apply to Passengers
Passengers may recover full damages even if the vehicle did not have insurance because they were not required to carry coverage.
Prop 213 does NOT apply to Cyclists and Pedestrians
Prop 213 applies to people operating motor vehicles. If you were hurt as a pedestrian, bicyclist, or on private property, you may still recover full non-economic damages.
If you have questions about a car accident with an uninsured driver, contact Curtis Legal Group today and schedule a Free Consultation.
Sources:
1 https://vigarchive.sos.ca.gov/1996/general/pamphlet/213text.htm
2 https://california.public.law/codes/civil_code_section_3333.4
3 https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB1107
4 https://www.cga.ct.gov/PS99/rpt%5Colr%5Chtm/99-R-1188.htm