The Impact of Proposition 213 on Personal Injury Claims in California

In 1996, California voters passed Proposition 213, which placed restrictions on the rights of individuals who were not insured to collect non-economic damages (such as pain and suffering) in personal injury cases. This proposition has had a significant impact on personal injury claims in the state, affecting the compensation available to those who are injured due to the negligence of others.[1]

Proposition 213 limits non-economic damages in personal injury cases to those who were insured at the time of the accident.  This means that uninsured individuals, including those who were driving without insurance, are not eligible to receive compensation for pain and suffering, emotional distress, or other non-economic damages resulting from their injury.[2]

This restriction has had a significant impact on personal injury claims in California, particularly for uninsured motorists. For example, if an uninsured motorist is involved in a car accident and suffers serious injuries, they may be unable to receive compensation for their pain and suffering, even if the other driver was at fault.

While Proposition 213 was intended to reduce the cost of insurance for California residents, it has also led to a reduction in compensation for those who are injured in accidents. This has created a significant challenge for uninsured individuals who are seeking compensation for their injuries, as they may be unable to cover the costs of their medical bills, lost wages, and other expenses resulting from the accident.[3]

If you have been involved in a personal injury accident in California, it is important to understand the impact of Proposition 213 on your rights to compensation. An experienced personal injury attorney can help you navigate the complex legal landscape and ensure that you receive the compensation you deserve for your injuries. Contact us today to discuss your case. 

Keywords: Proposition 213, personal injury claims, California, uninsured motorists, non-economic damages, compensation, pain and suffering, emotional distress, insurance, legal landscape, personal injury attorney.

[1] Civil Code, § 3333.4.

[2] Id.

[3] See California Proposition 213, (1999).

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