In 1996, California passed a state law which stated uninsured drivers injured in auto accidents cannot collect non-economic damages, even if the accident was not their fault. “Non-economic damages” basically means pain and suffering, mental and emotional distress.
The reason for this was simple. A person who does not protect others from negligent actions that they could make (by driving uninsured), should not be able to get damages for pain and suffering.
What are you still entitled too?
Uninsured drivers that are not at-fault are still entitled to any economic damages they have suffered in an auto accident. These include medical bills and costs, lost wages, and the costs to repair their damages vehicle or property.
Are there any exceptions?
Yes, some exceptions do exist.
- The driver was driving for his/her employer at the time
- The accident happened on private property
- The vehicle was uninsured but the driver was had insurance on another car
- If you were a passenger and not the driver.
In all of the above instances, Prop 213 does not apply and you are entitled to full recovery for your injuries.
If I was uninsured, is it worth pursuing an injury claim?
If you were hurt because of someone else’s negligence, you are still entitled to get compensated. Even if you were uninsured, you may collect for lost wages, medical bills and costs to repair your vehicle. If you need advice on your accident or help locating the right medical treatment for your injuries, contact our experienced team for a free consultation.
P.S. If you were injured in an accident involving an uninsured driver who hit you, check out our prior Blog on “The 5 Things You Must Do After an Accident with an Uninsured Motorist.”