Vincent W Davis Importance of Possessing Car Insurance - California Personal Injury Lawyers

Importance of Possessing Car Insurance

by Vincent Davis on July 15, 2013

On November 6, 1996, the people of the State of California passed Proposition 213. Under Prop 213, if you are the driver of an uninsured motor vehicle and sustain injuries as a result of an automobile accident, your damages are limited to noneconomic damages. Noneconomic damages include, but are not limited to, pain and suffering, loss of enjoyment of life, and physical or emotional distress. An uninsured driver is only entitled to economic damages pursuant to Prop 213. Economic damages are medical bills and expenses, loss of earning capacity, damage to personal and real property, basically damages that can be measured by records and/or documents. Furthermore, Prop 213 prohibits a driver subsequently convicted of driving under the influence of alcohol or drugs at the time of the accident from suing another individual at fault for the accident for non-economic losses. Lastly, Prop 213 prohibits a person convicted of a felony from suing to recover any losses sustained while committing the crime or fleeing from the scene of the crime if the losses resulted from another’s fault.

Proposition 213 was heavily lobbied by the prominent companies in the insurance industry. No doubt it was an attempt to limit their liability. Thus, not only is failure to possess automobile insurance a crime, but it may be a barrier when trying to recover compensation for all the injuries you sustained in an accident through no fault of your own. The moral of the story is that you should always have auto insurance on your vehicle and on any vehicle that you operate.

 

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