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  • Writer's pictureGregory Woodhead

Proposition 213 and its affect on Car Accident Claims and Lawsuits

Updated: Mar 8


lawyer handing a pen to a client with a paper

Picture this, you just got into a major car accident and there are severe injuries. The vehicle you hit was an uninsured drunk driver. You are at fault. This person then sues you to obtain a monetary settlement for their pain and suffering. They end up winning millions from your insurance and you.


Prior to 1996, this scenario was an all to real possibility. However, following the passing of California's Proposition 213, things changed. No longer could uninsured drivers, drivers committing felonies, and/or drunk drivers make a claim for pain and suffering against you.


What does this practically mean for you in the event you are involved in a car accident?


Prop 213 Explained


Drivers in California are required by law to carry auto insurance in the amount of $15,000.00 bodily injury per person, $30,000.00 bodily injury per accident, and $5,000.00 property damage coverage per accident.


As of 2019, California was top ten in uninsured drivers with 16.6 percent of people being uninsured.


Proposition 213, also known as the Personal Responsibility Act of 1996, is a California law that limits the recovery of damages for uninsured drivers involved in car accidents. Under Prop 213, uninsured drivers are generally prohibited from recovering non-economic damages, such as pain and suffering, in a car accident claim or lawsuit. This means that if a driver is uninsured at the time of the accident, they may only be able to recover economic damages, such as medical expenses and lost wages.


Prop 213 was designed to discourage uninsured drivers from seeking financial compensation for non-economic damages in order to promote personal responsibility and encourage drivers to carry adequate insurance coverage. It is important for individuals involved in car accidents in California to be aware of Prop 213 and its implications on their ability to recover damages in a lawsuit or insurance claim. Consulting with a knowledgeable personal injury attorney can help navigate the complexities of Prop 213 and ensure that your legal rights are protected in the aftermath of a car accident.


SOS Accident Lawyers - The Best Personal Injury Law Firm

Navigating the complexities of personal injury cases and understanding the various types of damages and compensation can be overwhelming. At SOS Accident Lawyers, we have a team of experienced personal injury attorneys who are dedicated to fighting for the rights of our clients and ensuring they receive the compensation they deserve. If you or a loved one has been injured due to someone else's negligence, don't hesitate to reach out to us for a free consultation. We are here to guide you through the legal process and help you seek the justice and compensation you deserve. Call 424-335-6429.


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