Car crashes can happen without warning, and what typically follows is a deeply stressful and confusing stretch. Between navigating painful injuries, costly vehicle damage, and California’s complex personal injury system, many cases call for support from a car accident attorney (Irvine).
Many California residents are unfamiliar with their rights following a motor vehicle collision, including the limitations that may apply to uninsured motorists. California’s Proposition 213 can significantly affect the damages available in personal injury claims arising from motor vehicle accidents. Below, our experienced Irvine personal injury lawyers provide an in-depth explanation of California Proposition 213 and how it can affect the compensation you may be entitled to following a car accident.
What is California Proposition 213?
Proposition 213, also called the Personal Responsibility Act of 1996, seeks to restrict the legal rights of certain individuals from recovering non-economic damages following automobile accidents. Notably, this proposition applies regardless of which party is at fault.
The act was passed to promote personal responsibility among drivers by limiting the legal benefits available to those who were uninsured, under the influence, or injured while committing or fleeing a felony.
The law is organized under two statutes:
- California Civil Code § 3333.3: If an individual is injured while committing a felony or fleeing immediately after committing a felony, and is subsequently convicted of that felony, they may be barred from recovering damages in a negligence claim.
- California Civil Code § 3333.4: If the vehicle owner/operator was driving a motor vehicle while intoxicated or uninsured, they may be restricted from recovering non-economic damages.
Which Groups Does California Proposition 213 Affect?
As noted above, Proposition 213 can restrict the damages certain individuals can recover in personal injury lawsuits stemming from motor vehicle and traffic-related accidents:
- Uninsured Drivers and Owners: Registered owners or individuals who operate a motor vehicle without maintaining the legally required liability insurance coverage.
- Drivers Under the Influence: Individuals who operate a motor vehicle while under the influence of alcohol or drugs and are subsequently convicted of driving under the influence (DUI).
- Individuals Injured While Committing or Fleeing a Felony: Individuals who are injured while committing a felony or fleeing immediately after committing a felony and are subsequently convicted of that felony.
What’s the Difference Between Economic Damages and Non-Economic Damages?
Economic and non-economic damages are two categories of damages that can be recovered in a personal injury claim. Note: Proposition 213 can restrict an individual’s ability to recover certain non-economic damages, meaning individuals may still be able to recover economic damages depending on the circumstances of the claim.
Below, our Irvine personal injury attorneys explain what each category of damages encompasses under California Proposition 213.
Economic Damages:
In personal injury cases, economic damages are clear and measurable financial losses resulting from injuries directly caused by the accident.
You can measure and document these damages with pay stubs, bills, receipts, and other financial records. The purpose of economic damages is to help restore injured individuals to the same financial position they were in before the accident.
Examples of economic damages include:
- Medical Expenses: Costs and fees related to accident-related injuries, such as hospital bills, physical therapy, surgeries, etc. California permits individuals to recover compensation for past and future medical expenses.
- Lost Wages: If an accident injury keeps someone from working and causes lost income, they may be compensated for lost wages. It may also cover future lost earning capacity.
- Property Damage: Costs of repairing or restoring physical items, such as a damaged car.
- Out-of-Pocket Costs: Expenses for home and childcare, travel, gas, parking, medical supplies, and accommodations related to injury recovery.
Non-Economic Damages
Non-economic damages compensate individuals for personal losses that may be more difficult to quantify financially, often lacking documentation or receipts. Proposition 213 can bar recovery for certain drivers, depending on the circumstances of the accident. Examples of non-economic damages include:
- Pain and Suffering: Physical pain and discomfort, such as scarring, paralysis, muscle spasms, etc.
- Emotional Distress: Emotional and psychological effects of the accident, including post-traumatic stress disorder, anxiety, sleep difficulties, trauma, and depression.
- Loss of Enjoyment of Life: Strain on relationships, inability to perform or enjoy sports, hobbies, and everyday activities.
- Loss of Consortium: The loss of care, comfort, and emotional support.
Are There Any Exceptions to Proposition 213?
California’s Proposition 213 may not apply in all circumstances. Circumstances that may affect whether Proposition 213 applies include:
- Passengers are generally not restricted from recovering non-economic damages under Proposition 213.
- In accidents on private property, such as a gated community, private road, or private parking lot, Proposition 213 may not apply.
- Drivers of an uninsured vehicle that is owned or operated by an employer may still be eligible to recover non-economic damages if they were acting within the scope of employment.
- Drivers with car insurance who are operating a motor vehicle other than the one listed on the policy may still be considered “insured.”
- If a faulty product, such as an airbag or seatbelt, contributed to or worsened injuries, Proposition 213’s restrictions may not necessarily apply. Uninsured drivers may still be able to pursue non-economic damages against the manufacturer.
- If an accident results in an uninsured driver’s death, surviving loved ones may still bring a wrongful death claim for non-economic damages, including loss of care, companionship, and emotional support.
- Poor and hazardous road conditions, including large potholes and missing signage, while rare, may affect whether Proposition 213 applies.
Frequently Asked Questions About California Proposition 213
Does Proposition 213 Apply to Bicyclists or Pedestrians?
No, Proposition 213 applies to certain vehicle owners and operators, rather than pedestrians or bicyclists.
Does Proposition 213 Apply to Passengers?
No, Proposition 213 generally does not apply to passengers. If a passenger is in a car accident involving an uninsured vehicle, they are not barred from recovering non-economic damages. Similarly, a passenger injured in a vehicle operated by a driver who is convicted of DUI may still be able to recover non-economic damages.
What if I Lost My Car Insurance a Couple of Days Before an Accident?
Unfortunately, people who had insurance days earlier but lost it before the accident may still be subject to Proposition 213’s restrictions and may be unable to recover non-economic damages.
Do I Need a Lawyer for a Proposition 213 Claim?
It is highly advisable to get legal support from a personal injury lawyer, such as our Irvine car accident attorneys. They understand the laws in depth and can advocate for your claim, while helping you pursue the compensation you may be entitled to under California law.
Schedule a Free Consultation with an Irvine Car Accident Attorney Today
Irvine personal injury lawyer John J. Perlstein has helped car accident victims navigate California’s complex legal system and Proposition 213 for over 25 years. The best way to understand how Proposition 213 may impact your claim is by speaking with an experienced personal injury attorney.
Contact the Law Office of John J. Perlstein by calling (213) 252-1070 or by filling out this form to connect with a highly experienced Irvine car accident attorney.