Prop 213 limits the amount of non-economic damages that can be recovered in automobile accident cases where the person responsible for the accident was uninsured or underinsured.

California Proposition 213, also known as the "Fair Responsibility for Insurance Companies and Drivers Act," is a law that was enacted in California in 1996.The law places restrictions on the ability of an individual to recover non-economic damages, such as pain and suffering, in certain types of auto insurance claims if the individual was uninsured at the time of the accident.

Under Prop. 213, individuals who were driving a vehicle without valid insurance at the time of an accident are barred from recovering non-economic damages, such as compensation for pain and suffering, from the other driver, even if the other driver was at fault. The law applies to all motor vehicle accidents, regardless of fault, and applies to all drivers, regardless of whether they are licensed.

Impact on CA Residence

Proposition 213, also known as the Personal Responsibility Act of 1996, significantly impacts automobile accident cases in California, particularly in terms of recovering non-economic damages. Here's an expanded explanation of its impact:

  1. Limitation on Non-Economic Damages: Prop 213 restricts the recovery of non-economic damages for individuals involved in automobile accidents if they were driving without insurance or with insufficient insurance coverage at the time of the incident. Non-economic damages typically include compensation for pain and suffering, emotional distress, and loss of enjoyment of life. Under Prop 213, individuals who are deemed to be at fault for the accident and fall into the uninsured or underinsured category are limited in their ability to recover these types of damages.
  2. Exceptions to the Limitation: While Prop 213 imposes limitations on non-economic damages, there are certain exceptions to this rule. For example, individuals who are injured in accidents caused by the intentional misconduct of another party or by a drunk driver may still be eligible to recover full non-economic damages, regardless of their insurance status. Additionally, passengers injured in accidents where they were not at fault are generally not subject to the limitations imposed by Prop 213.
  3. Impact on Compensation: The limitation on non-economic damages imposed by Prop 213 can significantly affect the amount of compensation that accident victims can recover. For uninsured or underinsured drivers who are found to be partially or fully at fault for the accident, their ability to seek compensation for pain and suffering and other non-economic losses may be curtailed. This can have profound implications for accident victims, particularly in cases where the injuries are severe and result in long-term physical or emotional consequences.
  4. Importance of Legal Representation: Given the complexities of Prop 213 and its implications for automobile accident cases, seeking the guidance of an experienced personal injury attorney is crucial. A knowledgeable attorney can assess the specifics of the case, determine how Prop 213 may apply, and explore all available avenues for seeking compensation on behalf of the injured party. By navigating the legal landscape effectively, an attorney can help accident victims understand their rights and pursue the maximum compensation possible under the law, despite the limitations imposed by Prop 213.