The Personal Responsibility Act of 1996, more commonly known as Proposition 213, was a ballot proposition in 1996 that would prevent certain drivers from recovering financial damages in the result of a car crash. The proposition passed easily and has been California law since its passage. Prop 213 prevents the recovery of all damages for convicted felons who were injured either during the commission of the felony or fleeing after the commission of a felony, prevents the recovery of non-economic damages for any driver convicted of driving under the influence (DUI) after the fact, and prevents the recovery of non-economic damages for uninsured drivers. Uninsured drivers injured as the result of a collision with a driver convicted of DUI after the fact are exempt.
In layman’s terms, uninsured or drunk drivers cannot sue whoever causes a car crash for pain and suffering and other non-economic damages, dramatically reducing any possible financial recovery in a personal injury case. Under Prop 213, uninsured and drunk drivers who are not at fault can only recover damages for medical bills, lost wages, and property damage. Uninsured and drunk drivers cannot receive financial compensation for the pain and suffering experienced in the accident or during medical recovery, any potential disfigurement (scars, amputations, etc.) as the result of the crash, any embarrassment or humiliation suffered resulting from disfigurement, or for any reduction in quality of life.
Prop 213 passed with 76.83 percent of voters in favor. According to research, Prop 213 reduced car insurance rates for drivers purchasing bodily injury and uninsured motorist coverage in the years after its enactment.
Car accidents can be dramatically life changing. Car insurance is a safety net for the victims of car accidents. Prop 213 cuts some holes into that net that can only be patched by carrying liability insurance and not driving under the influence of drugs or alcohol. Car accident attorneys help the victims of car accidents seek medical treatment with no out of pocket expenses and receive the financial compensation they are owed. The Law Offices of Scott Warmuth strongly urges all drivers in California to carry at least the legally required minimum liability policy ($15,000/$30,000) to ensure you are protected if someone else crashes into you. Should the worst happen, our attorneys can help you recover physically, emotionally, and financially. Call us today at 888-517-9888 to receive a free legal consultation.