How Proposition 213 Affects Your Right to Compensation After an Injury
In California, as in other states, all motorists (including motorcycle operators) must carry a minimum amount of insurance. Nonetheless, many drivers, including bikers, either fail to obtain the necessary coverage or carelessly let their policy lapse. Obviously, if you have no valid insurance policy in place, you can’t look to an insurer to cover your losses after an accident. In California, Prop 213 also may prevent you from recovering damages in a lawsuit, even if another party was at fault.
The Effect of Prop 213 on a Motor Vehicle Accident Claim in California
Prop 213, known as the Personal Responsibility Act of 1996, bars uninsured drivers from recovering a general damages award in certain circumstances. General damages typically include compensation for pain and suffering, loss of companionship or consortium, and loss of enjoyment of life. Prop 213 states the following:
- An uninsured motorist can never collect general damages, regardless of fault.
- An uninsured motorist may be able to collect compensation from an at-fault party’s insurer for medical bills and other out-of-pocket losses.
- Passengers on or in a vehicle driven by an uninsured motorist may collect general damages in a lawsuit.
Exceptions to the Rule
The driver of an uninsured vehicle may still be eligible for general damages when the accident occurs under the following circumstances:
- The uninsured vehicle is owned by the driver’s employer.
- The accident occurs on a private road.
- The vehicle involved in the accident is uninsured, but the driver has insurance on another vehicle.
Contact the Experienced Personal Injury Lawyers at Weber & Nierenberg
At Weber & Nierenberg, we have more than 30 years of experience successfully handling a wide range of personal injury claims, including injuries suffered in motorcycle accidents. We will takethe time to learn the details of your accident, as well as what you need to be fully compensated for your losses. Contact us online or call our office at 1-866-288-6010 for a free initial consultation.