Orange County Proposition 213 Accident Attorneys

The insurance industry pushed for Proposition 213 in 1996 in order to reduce the amount of money they would have to pay out in claims. Proposition 213 prevents a driver who is injured in an auto accident from making a claim for non-economic damages against an at-fault driver if they drove a vehicle that was not covered by insurance.

What Compensation Is Affected By Proposition 213?

An uninsured driver who is subject to Proposition 213 can seek reimbursement for economic damages, but not for non-economic damages. In other words, they can still be compensated for their medical bills, loss of earnings, and out-of-pocket expenses, but not for their pain and suffering.

According to California Civil Jury Instruction No. 3905A, non-economic damages include physical pain, mental suffering, loss of enjoyment of life, disfigurement, physical impairment, inconvenience, grief, anxiety, humiliation, and emotional distress. Prop 213 prevents you from obtaining compensation for any of those things.

Who Is Affected By Proposition 213?

Whether you were affected by Proposition 213 or not depends on the following:

• If you drove a vehicle that was insured at the time of the accident, you won’t be affected by Proposition 213.
• If you weren’t insured and drove a vehicle that wasn’t insured at the time of the accident, you may be affected by Proposition 213.
• If you drove a vehicle that you owned but failed to insure at the time of the accident, you may be affected by Proposition 213.
• If you were a passenger in a vehicle that wasn’t insured at the time of the accident, you won’t be affected by Proposition 213 unless you were the spouse of the uninsured driver. If one spouse purchased a vehicle and failed to insure it, the other spouse who is a passenger at the time of the accident may also be considered an owner of the vehicle under California’s community property laws. In that case, both spouses would be subject to Proposition 213 as well. In order for the passenger spouse to avoid Proposition 213, they would have to show that they didn’t have personal knowledge that the car was uninsured. Ieremia v. Hilmar Unified School District (2008) 166 Cal. App. 4th 324.
• If you were insured and didn’t cause the accident, but you were convicted of driving under the influence at the time the accident occurred, you may be affected by Proposition 213.

Are There Exceptions to Proposition 213?

There are a number of circumstances where you might be able to avoid the consequences of Proposition 213, such as the following:

Personal Insurance

If you drive an uninsured vehicle, but you’re not the registered owner and you have insurance on a vehicle that you own, then you’re exempt from Proposition 213.

Private Property

If you’re uninsured and driving a vehicle that is uninsured, but the accident takes place on private property, then you’re exempt from Proposition 213. Parking lots are private property, for example.