What is Prop 213 and How Does it Affect Motorists

Also known as the Personal Responsibility Act of 1996, California Prop 213 is a state law that restricts uninsured motorists from collecting non-economic damages after a car accident, even if they weren’t at fault. Placed on the November 5, 1996, general state election ballot, California residents voted heavily in favor of the law.

To understand how this law affects all California motorists, let’s investigate what the law actually says, examples, which motorists it applies to, and some exceptions provided by the terms of the law.

 

What is California Prop 213?

Before Prop 213, all motorists involved in accidents could sue liable parties (individuals, businesses, or the government) for economic and non-economic damages. Economic damages include lost wages, medical bills, and property damage, while non-economic damages include intangible costs such as pain and suffering. That meant uninsured motorists and criminals in the process of carrying out or fleeing from a crime, such as drink drivers, could sue law-abiding drivers for pain and suffering.

Prop 213 limits uninsured motorists and criminals to only suing for economic damages including damage to their vehicle, hospital bills, physical rehabilitation, and lost wages from being injured. Even if another insured party is at-fault, uninsured drivers may not seek further compensation for pain and suffering.

To see California Prop 213 in its original form, support for the act, and rebuttals, refer to page 48 of the California Ballot Pamphlet for the General Election of November 5, 1996.

 

How Does Prop 213 Work? An Example

An uninsured driver sits at an intersection waiting for the light to turn green. When it does, they cross the intersection only to be hit by an insured driver who just ran a red light. The insured driver is sober and undistracted but failed to notice the light changing from yellow to red.

The uninsured driver undergoes surgery and is unable to return to work for six months. During this time, they visit a physical rehabilitation center every day. They also experience mental anguish, inconvenience and are unable to enjoy life during this period.

Because the driver is uninsured, even though the accident is not their fault, they may only seek compensation for their lost wages, surgery costs, vehicle damage, and the cost of rehab — their economic losses. They may not seek compensation for their mental anguish and inconvenience, or pain and suffering. If they had been insured at the time of the accident, they could have.

Who Is Affected By Prop 213?

Prop 213 primarily affects three groups:

• Uninsured motorists
• Drivers convicted of DUIs as the result of an accident, even if another driver caused the accident by running a traffic light, stop sign, etc.
• Criminals and felons involved in accidents while carrying out a crime

These are the three groups that may not sue for pain and suffering or non-economic losses in most cases, even if they were not technically at fault. While Prop 213 keeps victims of criminals and drunk drivers safe from prolonged court cases, it can get complicated for uninsured drivers involved in traffic accidents. To help this group understand when and if Prop 213 laws apply to them, let’s investigate exceptions.

 

Prop 213 Exceptions

There are specific circumstances that provide exceptions to cases that would otherwise fall under the California Prop 213 laws:

• If a motorist is driving an uninsured company car, they may still sue for noneconomic damages or pain and suffering.
• When a driver is involved in an accident on a private road, they may still seek compensation for all economic or noneconomic damages no matter the status of their car insurance.
• If a driver is driving a car that’s owned by someone else and that person doesn’t have insurance on that vehicle, the driver may still seek full compensation if they have insurance on their own car.

Another important exception is for passengers. If a passenger is the victim of an accident in a car driven by an uninsured motorist, they may still seek full compensation for economic losses, non-economic losses, and pain and suffering.

According to an Office of Legislative Research report, an uninsured motorist involved in an accident with a driver under the influence of drugs or alcohol may seek full compensation for their economic and noneconomic losses.

It is also possible for loved ones who lost uninsured next-of-kin family members in car accidents to sue for noneconomic damages through wrongful death suits. This doesn’t include losses for pain and suffering and is generally handled on a case-by-case basis.

The same can be said for accidents involving car manufacturer defects or damaged roads. When third parties become involved, it’s best for uninsured drivers to hire an attorney so they know what damages they may sue for and from whom.

 

Does Prop 213 Apply to Motorcycles?

California Prop 213 applies to all motor vehicles, including motorcycles. The same exceptions apply, as well as those for DUIs and passengers. In those specific circumstances, uninsured motorcyclists may still sue for noneconomic damages. Outside of that, uninsured motorcyclists are prohibited from suing for noneconomic damages.

 

What Prop 213 Means For All California Drivers

It’s mandatory for all California motorists to carry motor vehicle insurance and Prop 213 makes that apparent. If a motorist has insurance, but is behind on a payment, then this law would restrict the damages they may sue for because their insurance coverage is lapsed, even if another driver is 100% at-fault for the accident.

 

Seeking Compensation If You Are An Uninsured Motorist

While California Prop 213 restricts what damages uninsured drivers can sue for, it’s still important to get compensation for everything you’re due including medical bills, damage to your vehicle, lost wages, and other economic losses. For Prop 213 cases and auto accidents in Orange County, California, contact The Soliman Firm to get the fair representation and auto accident settlement you deserve.