California Proposition 213 (“Prop 213”) was heavily lobbied for by the insurance industry and passed in 1996. Prop 213 prevents you from recovering any damages for pain and suffering under 4 general circumstances:
- You did not have insurance and were in your vehicle;
- You were the driver of someone else’s vehicle which was not insured;
- You were convicted of a DUI stemming from the accident;
- You were in the convicted of a felony, and injuries stem in part from the commission of this felony.
Exceptions to these categories include:
- You were the driver of someone else’s vehicle that did not have insurance, but you had your own insurance that covered you while driving other vehicles;
- You were the driver of someone else’s vehicle that did not have insurance, but that vehicle was owned by your employer;
- You got into an accident on private property.
If Prop 213 applies, you are still entitled to economic damages, which include medical bill and lost wages. However, you will be prohibited from any recovery for noneconomic damages, which include pain and suffering/emotional distress.
ANAND LAW PC will thoroughly investigate the insurance policies that may be applicable, the exceptions to Prop 213 (including those listed above), and ensure that no money is left on the table. The insurance companies have fought hard to prevent you from recovering what you deserve. We fight hard to combat this practice.
Call us today – there is no obligation on your part – if we handle your matter, you will have the peace of mind knowing that we will obtain every penny possible for you.