UNINSURED DRIVERS CANNOT COLLECT PAIN AND SUFFERING DAMAGES
This guide addresses the damages that you can collect if you are uninsured.
THE LAWCalifornia law requires drivers to have auto liability insurance to drive on public roadways. Prop 213 is a California law that has been in existence since November 6, 1996. The law prevents uninsured drivers from collecting *non-economic* damages resulting from a car accident, even if the accident was not their fault.
WHAT ARE NON-ECONOMIC DAMAGES?The law prevents uninsured drivers from collecting *non-economic* damages resulting from a car accident, even if the accident was not their fault. This includes damages for pain and suffering, physical impairment, disfigurement, inconvenience, and emotional or mental distress.
AN UNINSURED DRIVER CAN STILL COLLECT ECONOMIC DAMAGESUninsured drivers are still entitled to *economic* damages including past and future medical expenses, repairs to damaged vehicles or other property, past lost wages due to missed time at work, future lost wages and costs for rehabilitation to return to work.
EXCEPTIONS TO THE LAWThere are a couple of important exceptions to the law. One, if you were driving for your employer and that vehicle was not insured, you may still seek non-economic damages for your accident injury. Second, the law doesn*t apply if the accident happened on private property.