California's Prop 213: What It Is and How It Affects Your Injury Claim

As trusted personal injury lawyers in Southern California, Case Barnett Law has helped countless clients secure compensation for their accident-related injuries. Need assistance getting the settlement you deserve? Schedule a free consultation today. 

An accident does not have to total your car to devastate your life. Even a rear-end accident or fender bender can result in serious injuries, medical bills, vehicleCosta Mesa Car Accident damage, time away from work, and a range of other losses. 

Although many motorists can recover damages through an accident claim, not everyone is eligible for compensation under California law. California’s Proposition 213 limits who can recover damages through personal injury claims, rendering certain drivers ineligible. 

If you suffered injuries and losses in a motor vehicle accident caused by someone else, you deserve compensation. However, securing the settlement you deserve without legal assistance may be difficult, especially without an experienced car accident attorney. Fortunately, our Orange County personal injury lawyer at Case Barnett Law is here to help. 

This article will explain everything you need to know about California’s Proposition 213, including what it is, how it affects your injury claim, and how an experienced attorney can help. 

What Is Proposition 213?

Despite being passed in 1996, few Californians fully understand the implications of Prop 213, also known as the "Limitations on Recovery to Felons, Uninsured Motorists, Drunk Drivers" initiative. In limiting the types of damages that certain drivers can recover in personal injury claims following a car accident, Prop 213 encourages compliance with California auto insurance and registration laws, reducing the overall burden on the legal system. 

Under Prop 213, the following types of drivers may encounter restrictions when pursuing an injury claim for their car accident damages: 

  • Uninsured drivers. Uninsured drivers are barred from recovering non-economic damages through a personal injury lawsuit. Economic damages refer to easily calculable financial losses, but non-economic damages pertain to certain intangible losses, such as pain, suffering, and emotional distress. 

  • Drivers convicted of a DUI. If convicted of driving under the influence  (DUI) of drugs or alcohol when the accident occurred, a driver is ineligible to pursue non-economic damages through a personal injury claim. However, like uninsured drivers, they can still pursue economic damages for their financial losses. 

  • Unregistered vehicles. Drivers operating a motor vehicle without proper registration at the time of their accident are also subject to restrictions and typically prohibited from pursuing non-economic damages. 

Although Prop 213 imposes significant restrictions for the types mentioned above of drivers, there are exceptions. The best way to understand your eligibility to secure compensation through a personal injury lawsuit is to solicit legal advice from an experienced legal professional in Orange County. 

How Prop 213 Affects Your Injury Claim

Proposition 213 significantly impacts certain drivers’ ability to secure compensation after an accident by denying eligibility for certain damages. In most cases, uninsured drivers, drivers under the influence of drugs or alcohol, and drivers operating an unregistered or improperly registered vehicle at the time of the accident are ineligible to receive non-economic damages. 

Depending on the severity of their injuries and other losses, the inability to pursue non-economic damages can devastate an individual’s finances and overall well-being. Insurance companies know this and may use Prop 213 as a leverage point during settlement negotiations, offering lower payouts to claims involving uninsured motorists or drivers charged with DUIs. 

Prop 213’s restrictions primarily apply to drivers — not necessarily to other parties injured in the accident. For example, a passenger in a vehicle driven by an uninsured driver can pursue both economic and non-economic damages through an injury claim. Similarly, pedestrians injured in an accident caused by a drunk or uninsured driver, as well as a range of other parties, can still pursue full compensation. 

The most effective way to mitigate the negative impacts of Prop 213 on your ability to secure compensation is partnering with an experienced personal injury attorney from the get-go. A trusted Orange County accident lawyer can negotiate with insurers on your behalf and help find the most strategic approach to your claim. 

The Importance of Legal Representation After An Accident

Successfully navigating the complexities of Prop 213 typically requires expert legal assistance. Although an attorney’s ability to secure maximum compensation for your injury claim is limited under California law, partnering with a top-tier lawyer still offers numerous potential advantages, including the following: 

  • Greater understanding of the legal nuances. Prop 213 is complex, and navigating your options requires a deep understanding of California injury claims and how specific laws pertain to your situation. A skilled attorney can also help identify exceptions to 213, potentially allowing you to recover more compensation. 

  • Maximum compensation. A skilled car accident attorney will cater their strategy to maximizing your compensation, ensuring you claim all possible economic losses, including medical expenses, lost wages, future economic losses, and more. 

  • Greater negotiation power. Insurance companies understand the restrictions imposed by Prop 213 and may try to use them to offer you a lower settlement. An attorney can push back against lowball offers and give you a better chance of securing a fair settlement.

  • Navigating legal procedures. Navigating injury claims is an in-depth process that requires paperwork, deadlines, and countless other procedural requirements. Your attorney will ensure everything is prepared correctly and submitted on time, reducing errors that could jeopardize your case. 

  • Court representation. Should your case go to trial, your attorney can represent you in court, presenting compelling arguments and handling legal challenges. 

  • Avoiding legal pitfalls. Without legal representation, you may be unaware of your rights under the law and make a decision that limits your compensation. Your car accident lawyer can provide the informed advice, legal expertise, and insight you need to make the best decisions for your long-term needs. 

This is not an exhaustive list of potential benefits but just a few ways an attorney can help you navigate your injury claim and secure maximum compensation. However, not every attorney is equally capable of offering top-tier representation.

Case Barnett Law: Trusted Personal Injury Attorneys in Orange County, CA

Although Prop 213 does not disqualify you from recovering compensation after an accident, it can present significant obstacles to securing the compensation you deserve — especially if you fail to work with a trusted personal injury attorney in Orange County. Fortunately, the lawyers at Case Barnett Law have the experience, resources, and expertise to guide you through the complexities of your case and fight for your maximum compensation. 

Ready to explore your legal options? Schedule a free consultation to speak with a passionate injury attorney from Case Barnett Law today. 

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