Proposition 213 is officially named The Personal Responsibility Act of 1996.
The legislature conveyed it to the voters in California. It was intended as an incentive measure that would help restrict uninsured motorists’ rights and recover any costs for citizens that abide by the law by charging felons and drunk drivers.
It all started back in March 1998 when the insurance commissioner Chuck Quackenbush allotted a decrease of $71 million for rates filed through Mercury Insurance Co. for Proposition 213. Mercury’s auto rates were then reduced by twenty percent for coverage for insured motorists and fifteen percent for coverage for any physical injury.
What Is A California Prop 213 Case?
Proposition 213, also known as Prop 213, is a government law in California that was approved on November 5, 1996. The law essentially limits the assortment of non-economic damages that occur due to an automobile accident by not insured drivers, even though they were not responsible for the accident.
The state has faced countless difficulties with the law, and id still facing them, but the law has yet to be reversed. There are constant efforts to impose rightful movements against 213 drivers. Prop 213 law directly impacts those drivers who are not insured; however, there are other points in Prop 213 that can charge you in a different accident accusation.
There is a simple reason behind this law – everyone is responsible for themselves and others around them. If one driver does not seem to shield others from their careless actions should not get damages for any pain and suffering. Principally and simply put, it is nothing less than a penalty. The original question that comes to mind here is, does this law motivate anyone to have insurance? Likely, most drivers in California are not alert that their lack of coverage now eliminates them from specific damages, even when they are not responsible.
There have been many cases where people are not satisfied. Once they call the law office and know about this, they become agitated about Prop 213 and appeal that the law is not just. In the debate of whether the law is fair or unfair, the fact remains that the law is an existing one. It stops drivers who don’t have the correct legal liability coverage for pain and suffering due to their negligent roadway actions. This law is the same for all types of automobiles.
What Was The Purpose of Prop 213 Case?
There are many reasons for Prop 213. The key reason is that car insurance costs have risen steeply in California for those who take accountability for their actions. Drunk drivers and motorists who are not insured and criminals who are not obeying the rules should not be awarded or given a free pass for being careless with themselves and others who are breaking the law.
Nevertheless, with the given guidelines the drivers who under the influence of alcohol and motorists who are not insured and get involved in accidents can retrieve damages that are irrational from citizens who are following the law, and criminals have claimed damages from citizens, who have been abiding by the law, while they were committing their offenses.
The additional most crucial purpose is that the legal system. This system rewards people who don’t agree to take personal accountability to stop these people from seeking out irrational damages or suing citizens who are following the law.
It is why the State of California’s people passed Prop 213 to return the steadiness for the justice system to restrict the right to sue drivers under the influence of alcohol, motorists that are not insured, and criminals.
The law before that stated that anyone who underwent an injury as an outcome of a motor vehicle accident had the right to sue the individual, state, or business responsible so that they would be able to recover any losses. These damages can include monetary losses, medical costs, property damage, or lost wages, and losses that are not economic such as mental trauma.
California Prop 213 does not compensate non-monetary losses that occur during the accident. An offender can, for suing, recover any costs that are endured due to another person’s carelessness. A condemned criminal can put charges to retrieve some of his damages.
What Compensation Is Affected By Prop 213?
The reimbursement is only limited by non-economic damages that happen in a motor vehicle accident by Prop 213. These damages include any type of bodily deformity, emotional or psychological distress, hurt and suffering, troublesomeness, and physical damage.
Monetary damages are still open to those disturbed by an accident that is affected by Prop 213. It would include recovery costs, upcoming medical expenses, wages for all the missed work, and repairs to property or vehicles.
Who Is Affected By Prop 213?
The people who are disturbed by Prop 213 are mostly uninsured drivers. If a driver is uninsured along with the automobile that they are driving, in that case, prop 213 will apply. As stated previously, this will not allow you to get reimbursed for all the not monetary costs. It doesn’t matter if you have reason to believe that the vehicle is being driven is insured.
Those drunk or drugged, also known as a DUI, are essential to those affected by Prop 213. A scenario where the driver wasn’t the reason behind the accident but had been driving under the influence may trigger the law to prevent them from collecting any damages for all the emotional hurt and suffering and any other non-monetary reimbursement. It is imperative to keep in mind that this has to do with victims of DUI car accidents and those that cause them.
Does Prop 213 Have Any Exceptions?
There are a few concessions for Prop 213. One can likely attain all the compensations that you are eligible to, whether you had insurance when the accident happened, or if the automobile that was being driven had insurance or not.
One of the exceptions is that the vehicle driven was not yours and your employer’s. Suppose your company did not insure its car. In that case, you may still be eligible to seek out non-economic costs for the accident injury. It can even apply if, when the accident happened, you were not insured.
Another exception is that if the accident took place on private property, you might gain all the payment typically authorized. The government’s legal law requires that drivers have auto liability insurance to drive on public roadways but private property. That is not a requirement.
Thirdly, the last exception is if you are not the rightful owner of the automobile being driven. However, if you are the driver and have another insured car, you may be exempt from Prop 213.
If you have insurance, you can seek complete reimbursement that you are generally entitled. Even though the car you were driving was not insured.
How To Protect Yourself And Your Vehicle?
One of the most significant ways to protect yourself and your vehicle is to carry the appropriate automobile insurance required by the state. Don’t think that you can avoid accidents just by being a good driver, as these risks seldom pay off. Many car accidents happen each day in the U.S., resulting in a high number of deaths.
Many uninsured drivers are shocked to find out that many of their expenses aren’t covered due to Prop 213. They are even more disappointed to learn that they can’t even sue to recover damages.
How does Prop 213 Affect Insurance Rates?
When Prop 213 was implemented, California residents and state officials hoped it would help reduce the insurance rates. For more than ten years, automobile insurance has been on the rise.
Most policymakers attribute this to the number of growing lawsuits resulting from car accidents. These lawsuits have pushed insurance companies to limit with sky-high c of both economic and non-economic emotional damages. It resulted in millions of dollars of claims, leaving insurance companies with no choice but to raise their rates.
The legislature expected the limitations for such claims proposed in Prop 213 to assure companies that they wouldn’t have to pay out as much in damages. It, in turn, would allow them to lower their rates for consumers. However, this change has been gradual, resulting in roughly just a five percent drop in premiums on average.
What Measures Should You Take In An Injured Car?
If you ever get into a car accident, and you get injured, these are the steps you should follow:
- Seek medical attention ASAP.
- Take pictures of the accident scene.
- Take photos of your injuries.
- Take pictures of the damaged car.
- File a police report (call 911 immediately).
- Gather all the eyewitnesses and their names and contact information.
- Don’t speak to any insurance company representative without getting to talk with a car accident lawyer first.
You should alert your insurance company or manager as soon as the accident happens but don’t give recorded statements until you’ve met with a trusted lawyer. The insurance company may assume things on their own and pay you less than you deserve. They may even try to say your claims fall under Prop 213, which may not be the case.
What To Do If You’re In Such A Situation?
When you realize that your car does not have insurance, the first and foremost thing you must do is contact a lawyer straight away. A professional lawyer will help you in obtaining the monetary payment that you rightfully deserve.
However, keep in mind that not many lawyers will be ready to take on this case due to the low contingency fee. Therefore, it’s crucial to find a lawyer passionate about fighting for justice and who has a track record of taking on plaintiff-focused cases rather than money-oriented ones.
Being involved in a car accident can be problematic emotionally, physically, mentally, and financially. It is tough if you don’t have the needed insurance to cover your damages and costs. Suppose you live in California and own a car. It’s wise to look into automobile insurance packages to prevent such injustice if you are in a car accident.
Know Your Rights Regarding Accidents and Prop 213
It is imperative to know your rights and secure what is rightfully yours. Every moment you wait for professional clarification after a car accident, you are putting this freedom on the line.
Suppose you are on the receiving end of Prop 213. In that case, you are not eligible for certain payments for pain and suffering or general damages. Unfortunately, this is true even if the accident was not your fault. It can result in some pretty significant losses, especially if your injuries are severe.
The Bottom Line
Always have your proper liability coverage on you; this will help you stay out of trouble and help you get your dues in time. Getting back to routine life after a severe accident can be challenging and costly – every dime helps.
If you’re looking for an experienced personal injury lawyer, contact Phoong Law in San Francisco, CA. They will guide you better on what to do considering your case.