Sep. 26th, 2011
Proposition 213 and Your Right to Pain and Suffering
How Proposition 213 Eliminated Your Right to Non-Economic Damages
Proposition 213 - Another reason to Get Auto Insurance
Enacted
in 1996, Proposition 213 limits the entitlement of those who are injured in an
auto-accident to economic damages alone…
if the injured driver was not
carrying automobile liability insurance at the time of the accident.
What does this mean?
Typically, those drivers who have valid
insurance and are injured in an automobile accident are entitled to recover
both economic damages as well as non-economic damages. I'll explain each below:
Economic Damages
Economic
damages are those that include out- of-pocket losses, like medical
expenses, wage loss/loss of income/loss of earning potential, property damage,
funeral expenses, towing, rental cars, etc.
Generally, these expenses are easy to
calculate because the financial cost is evident.
Non-Economic Damages
Non-economic
damages typically include pain and suffering, disfigurement, loss
of use, disability, and mental anguish, or impaired quality of life. These damages are harder to calculate as they
are less evident and may require expert testimony and assessment to prove.
If you are the driver of an uninsured
vehicle, and you are involved in an accident that is not your fault, then you
will not be able to collect non-economic damages.
EXCEPTIONS
Luckily, California law does provide exceptions for the recovery of non-economic damages for those without valid insurance.
If the at-fault driver was driving under the influence of alcohol or drugs (i.e. DUI), then the injured driver may be entitled to non-economic damages regardless of whether he or she had auto insurance at the time of the accident.
If the injured party is a passenger of the non-insured vehicle, then the passenger may also be entitled to non-economic damages even if the non-insured driver is exempt.
In either case, it is important to retain the services of a personal injury attorney to fight for your rights.
Buy Auto Insurance
The bottom-line for drivers: Make sure the vehicles you drive have valid
insurance. You don’t want to be the
victim of an auto accident and find you can’t collect for continuing
impairments to your mental, physical and financial health.
