If you have been in an accident, then you need an auto injury attorney to protect your rights. In California, Proposition 213 was passed, which limits the damages you are able to receive if you are in an accident while being uninsured. It is important to note that if you are in an accident caused by the negligence of someone else, you can file a lawsuit regardless of whether you are insured or not. However, the type of financial damages you can recover will be limited, due to your insurance status.
Fact: If you are driving uninsured and hit by another vehicle, you cannot collect compensation for non-economic damages like pain and suffering. You can still collect money to pay for your current and future medical bills or lost wages, though this significantly limits the value of your claim.
Exceptions to the Situation
As an auto injury attorney, we look for exceptions to this rule and apply them whenever possible. For example, if the vehicle you were driving was uninsured but you actually owned a different vehicle and that vehicle was insured, you would still have the right to pursue the maximum damages including non-economic ones. Another exception is if you were driving your employer’s vehicle. As an employee, there is no way for you to know whether or not the vehicle would be insured and so you are not held responsible for this.
There is also an exemption for accidents on private property. Finally, passengers have the right to sue for all types of damages regardless of whether or not a vehicle is insured. Essentially this law puts the responsibility on the driver and owner of a vehicle to keep it insured at all times or risk not having all options available to them if they get into a car accident.
You Need an Attorney
If you were driving uninsured when hit, you need a car accident attorney now more than ever. Your rights are already restricted unless you can prove one of the exemptions. If the other party has an attorney (a high probability) you will be at a further disadvantage without one and may find your financial damages decreased even further. The insurance companies are the ones that lobbied for Prop 213 to be passed in the first place, and they have saved a lot of money by not paying for non-economic damages. You can be sure that they will continue to fight for their interests during your court case.
The good news is that we can help you and provide you with the legal representation you need to be on a firm and equal footing; regardless of what your insurance status was at the time of the crash.
Schedule a Consultation
Protect your legal and financial rights by calling our office, scheduling a consultation and hiring an auto injury attorney. We can value your claim, gather evidence to prove negligence and make a strong argument in court for why you deserve compensation. Taking the steps to retain an attorney early is in your best interest because it allows us to gather evidence while it is still fresh. Call today and get started with the process.
NOTE: This is for informational purposes only and does not constitute legal advice.