California isn’t always about sunny skies and sandy beaches. It is also known for its high population and dense traffic, which leads to many accidents daily. You could have an unpleasant experience if you don’t carry car insurance at the time of an accident. Proposition 213 was implemented though California legislature in 1996 to punish uninsured, not at fault-drivers, after being involved in a car accident. Proposition 213 prohibits the responsible driver of a vehicle to recover non-economic damages such as pain and suffering, disfigurement, enjoyment of life, and any emotional distress.
Although the driver is banned from recovering pain and suffering, the uninsured driver can still collect compensation for economic damages such as vehicle damages, loss wages, and medical bills. However, there are exceptions to the rule which may qualify victims involved in an accident, to recover non-economic damages.
Exceptions to Proposition 213
Before you make a recorded statement with the other driver’s insurance company, consult with an accident lawyer who understands proposition 213. There are some exceptions in the recovery process that you may potentially qualify for.
- DUI Drivers– You are entitled to recover damages for pain & suffering if the at-fault driver is convicted of a felony of driving under the influence.
- Passengers – Passengers involved in an accident with a uninsured driver, may likely recover compensation for non-economic damages.
- Wrongful Death – Heirs bringing forward a claim for the loss of a loved involved in an accident may recover pain and suffering.
- Employer’s Vehicle – If you drive a vehicle for work and your employer is financially responsible for the vehicle, you are able to recover compensation for pain & suffering.
Not only can you face a minimized recovery for losses after an accident, you may also encounter penalties with the DMV. Carrying proper insurance when operating a car in California reduces the financial risks for any party involved. Each state varies on its liability insurance requirements for its drivers. Failure to show proof of insurance after an accident may cause:
- Your driver’s license may be suspended;
- Traffic ticket violation for no proof of insurance;
- SR-22 requirement purchase for 3 years;
- Large fines to reinstate license and registration.
Consult with an Experienced Attorney at Sweet Law Group
Damages compensating you and your family after an accident can be a life changing. Contact the personal injury lawyers at Sweet Law Group to ensure you recover the maximum award available from the reckless driver who caused your accident. With over 40 years of experience in the legal field, we have seen thousands of cases and know what it takes to win your case. Call us today at (800) 203-3061.