There’s A Law That Limits Your Compensation If Were Uninsured In A Car Accident (If You Were The Victim)

October 10, 2018
On behalf of The Law Offices of Howard Craig Kornberg Posted in Car Accident

Did you know that if you get injured in a car accident in Long Beach, Los Angeles, or elsewhere in California, your compensation will be significantly limited if you were driving without auto insurance at the time of the collision, even if the crash was not your fault?

The law, called Proposition 213 (Prop 213), prevents those who have been injured or sustained property damage in auto accidents from recovering the full settlement amount if they were driving without car insurance at the time of the crash. Under California law, you are not able to get what would be the full value of your personal injury claim against the at-fault motorist had you been insured, even if you were the victim in the crash.

We invited our Los Angeles car accident attorney from the Law Offices of Howard Craig Kornberg to explain how Prop 213 can affect your personal injury claim and settlement if you were not insured at the time of the accident.

How your settlement can be reduced by Prop 213

Prop 213, also known as the Limitations on Recovery to Felons, Uninsured Motorists, and Drunk Drivers Initiative, makes it impossible, with a few exceptions, for car drivers with no insurance to recover anything beyond special damages even if they suffered injuries as a result of another motorist’s negligence. The law applies if the victim was uninsured at the time of the accident and if the victim was subsequently convicted of DUI at the time of the crash.

“In case you are wondering, special damages are the financial damages consisting mainly of medical expenses and loss of income incurred as a result of the crash,” explains our experienced car accident lawyer in Los Angeles. “Non-economic damages such as pain and suffering are considered ‘general damages’ and cannot be recovered by the uninsured victim due to Prop 213.”

Exceptions to Proposition 213 in California

But even if you were uninsured at the time of the car accident and were injured as a result of another driver’s negligence, you may still be entitled to recover the full amount of compensation. That is because there are certain exceptions to Prop 213:

  • You were the passenger in the car that was being driven by someone with no auto insurance;
  • You were driving a company car and your employer did not carry insurance coverage;
  • The accident took place on private property;
  • You were insured when you borrowed the vehicle from the owner who was not insured;
  • The at-fault driver was driving under the influence of alcohol or drugs.

There may be many more exceptions that could potentially apply to your particular case. Find out about the rest of them by consulting with a Los Angeles car accident attorney from the Law Offices of Howard Craig Kornberg. As you may know by now, it can be quite difficult to find a lawyer who would agree to take your case when you were injured in an auto crash while uninsured. But our attorneys are committed to assisting those in need of legal help regardless of what your circumstances are. Get legal help by calling our offices at 310-997-0904 today.


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