What You Need to Know About Prop 213

One moment you’re driving along, minding your own business and you pass through an intersection. Another driver runs their red light and slams right into your car. “I don’t have insurance,” you think to yourself, “but that’s okay. This was in no way my fault so I have nothing to worry about.”
Sadly, you might want to think again.
If you live in the state of California, your situation just got a lot more complicated due to something called Prop 213 – a law that was passed several years ago by state voters. Not only does it have significant implications regarding these and other types of situations, but it’s a law a lot of people don’t realize exists.

The Major Implications of Proposition 213

The most important thing to understand about this rather unique law is that it doesn’t allow for general damages – like pain and suffering, for example – for any uninsured motorists who are involved in an automobile accident within the state of California. This is true even when the accident was not the fault of the aforementioned uninsured driver.
Interestingly, it only applies to the driver of the car and not any of its passengers. So if you’re riding along in a car with someone who doesn’t have insurance and they get into an accident, you’re still allowed to explore all legal options.
Despite all this, the uninsured motorist is still allowed to collect fair and necessary compensation for medical bills and other issues as a result of injuries sustained during the accident. However, the potential recovery amount is significantly reduced.
The one exception to all of this occurs when the driver who causes the accident is either drunk or otherwise driving under the influence. This essentially negates Prop 213 altogether, allowing the uninsured motorist/victim to seek pain and suffering compensation by way of a personal injury lawsuit.

Contact Harshbarger Law Today

If you’re located in or around San Bernardino County and have been the unfortunate victim of an auto accident, you don’t just need a personal injury attorney – you need an advocate who will stand up and protect your rights every step of the way. Backed by decades of experience in both the legal profession and in this area, the team at Harshbarger Law are honored for the opportunity to become that advocate you so richly deserve.

If you’d like to find out more information about California’s Prop 213, or if you have any additional questions you’d like to see answered, please don’t delay – contact Harshbarger Law today.

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