It only seems natural that if a car accident wasn't your fault, there should be no problem recovering compensation for your injuries and suffering. Unfortunately, many California residents many need to think twice about how their auto insurance affects their ability to collect damages.
How are compensation awards categorized?
Depending on the nature of your accident, you may be eligible for two different kinds of compensation. The insurance company will review your case and determine what you can, and can't recover.
· Economic damages: Things that have a dollar amount attached to them, like medical bills and lost wages.
· Noneconomic damages: Things that have no monetary value, such as pain, suffering, and disfigurement.
Noneconomic damages tend to be the more significant award and victims will have to push hard for a high amount of compensation. Sadly enough, Prop 213 directly affects these damages, making many peoples' lives extremely difficult.
California voters passed Prop 213 into existence on November 5 th, 1996. This law states that if the innocent victim of the accident was without any auto liability insurance, they will be unable to collect noneconomic damages. Only if the negligent driver is convicted of driving while intoxicated may you avoid the impact of Prop 213.
This has serious implications for drivers throughout the state of California. Being caught without car insurance or insurance without liability coverage only intensifies your suffering and leaves you with no way of counteracting the pain of the accident.
Clearly, the best way to circumvent this problem is by carrying liability insurance whenever you are behind the wheel. If you do get into an accident and you're uninsured, contact Gill Law Group, PC right away. Our Orange County car accident lawyers have developed a reputation of success and can stand up for your rights!