A unique California law disallows general damages such as pain and suffering to uninsured motorists involved in traffic collisions within the State. It applies strictly to the driver the automobile and not its passengers. It applies whether or not the collision was caused by the uninsured motorist. Some exceptions apply and are explained in this article. If you have been involved in a car, truck, bus or other motor vehicle accident, do not rely on this as legal advice. Consult a lawyer ASAP.
In California, not all of those who are injured by the neglect of other drivers are able to fully collect on their personal injury lawsuit. A number of years ago, California voters passed Proposition 213, or Prop 213 for short. Prop 213 says that uninsured drivers do not get to collect an award of pain and suffering even where the car accident is not their fault. While the driver is unable to collect general damages, this is not true of the driver's passengers. Despite the driver's lack of liability insurance coverage, the passengers of the driver are not barred from general damages via Prop 213.
Although the driver is banned from general damages, the uninsured motorist can still coll
ect compensation for medical bills and expenses incurred due to injuries arising from the accident. This can help in many situations, but lawyers are less likely to fight hard for the case because of the lack of money available to pay their contingency fee.
The reasoning behind the law is simple. Those who do not protect others from their own negligent actions should not obtain pain and suffering damages. It is a punishment, pure and simple. Whether or not it encourages people to carry insurance is a good question. I propose that most uninsured drivers within California are completely unaware that their lack of coverage precludes them from certain damages even where they are not at fault. Many people call my office and are upset to learn of the law and feel it is not just. Just or unjust, the law exists and precludes pain and suffering to drivers without proper legal liability coverage for their own negligent actions on the roadways. This goes for trucks, vans and buses as well.
One exception to the preclusion is where the driver who causes the car accident and subsequent injuries is drunk and determined to be DUI. This will cause Prop 213 to not apply to the uninsured driver where they are seeking award for pain and suffering in a personal injury lawsuit resulting form an automobile accident on the streets of California. The reasoning for this might be that the person who hit them was even more reckless and it would not be fair to punish someone for not having insurance where they are struck by a drunk driver.
The way to avoid getting into trouble and to know you can collect all your damages is to always carry valid California liability coverage on your automobiles. If you are hit by a bus or truck, or other type of motor vehicle, you can sustain serious injury and may need to collect as much as possible to get your life back on track. Pay for bills. Medical insurance. Medical care. Etc. If you have been injured in an automobile accident of any sort and need help on collecting for brain, back or other form of injury, be sure to contact an Upland California auto accident injury lawyer, attorney or law firm for representation.
