In California, if you are injured in an automobile collision, your damages may be limited, depending on whether there was insurance on the car you were driving. The insurance industry spent millions to pass Proposition 213 in 1996. Proposition 213 has been codified into California Civil Code 3333.4. In short, if a vehicle was not insured at the time of a collision, then the insurer of the at-fault driver shall not be liable for the "non-economic" damages of the uninsured driver. While the uninsured driver may be able to recover economic damages such as property damage or medical bills, the uninsured driver will be unable to recover non-economic damages such as emotional distress damages. Further, Civil Code 3333.4 also prevents drunk drivers and individuals committing a felony from recovering non-economic damages if the driver was drunk or committing a felony during the collision.
CIvil Code 3333.4 is quoted below:
CIV 3333.4.
(a) Except as provided in subdivision (c), in any action to recover damages arising out of the operation or use of a motor vehicle, a person shall not recover non-economic losses to compensate for pain, suffering, inconvenience, physical impairment, disfigurement, and other nonpecuniary damages if any of the following applies:
(1) The injured person was at the time of the accident operating the vehicle in violation of Section 23152 or 23153 of the Vehicle Code, and was convicted of that offense.
(2) The injured person was the owner of a vehicle involved in the accident and the vehicle was not insured as required by the financial responsibility laws of this state.
(3) The injured person was the operator of a vehicle involved in the accident and the operator can not establish his or her financial responsibility as required by the financial responsibility laws of this state.
(b) Except as provided in subdivision (c), an insurer shall not be liable, directly or indirectly, under a policy of liability or uninsured motorist insurance to indemnify for non-economic losses of a person injured as described in subdivision (a).
(c) In the event a person described in paragraph (2) of subdivision (a) was injured by a motorist who at the time of the accident was operating his or her vehicle in violation of Section 23152 or 23153 of the Vehicle Code, and was convicted of that offense, the injured person shall not be barred from recovering non-economic losses to compensate for pain, suffering, inconvenience, physical impairment, disfigurement, and other nonpecuniary damages.
Comments