CAN I RECOVER COMPENSATION FOR A CAR ACCIDENT IF I AM UNINSURED?

CAN I RECOVER COMPENSATION FOR A CAR ACCIDENT IF I AM UNINSURED?

Posted on Monday, February 11th, 2019 at 7:04 am    

The simple answer is “maybe.” There are several factors to consider before answering this question. In the article below, our Sacramento car accident attorneys examine when an uninsured driver may obtain compensation for all damages under California’s Prop 213 law.

California Minimum Car Insurance Limits

California requires all drivers to carry minimum liability insurance to operate a motor vehicle. Liability insurance pays compensation to accident victims when a driver causes a car crash. The minimum liability coverage for bodily injury is $15,000/$30,000 (single victim/per incident) and $5,000 for property damage.

Failing to carry the minimum car insurance in California can have several consequences. You can lose your driver’s license, have your car impounded, pay fines, and be personally responsible for damages caused by a car accident that is your fault.

However, there is another serious consequence of driving while uninsured. Prop 213 may prevent you from recovering money in a car accident claim.

What is Prop 213?

California enacted Prop 213 in 1996. Plaintiffs have challenged the law many times, but it remains in force and effect. The law restricts the damages an uninsured driver may claim for his injuries from an accident that was not his fault.

Let’s look at some examples:

  • You Have the Required Car Insurance Coverage — Prop 213 does not apply to you.
  • You Are A Passenger in a Vehicle with an Uninsured Driver — Prop 213 does not apply to you.
  • You Are an Uninsured Driver — You cannot sue another driver who may be at fault for noneconomic damages.

In other words, if a car crash caused by another driver severely injures you, you will not be entitled to compensation for your physical pain, emotional suffering, permanent disability, disfigurement, mental anguish, and other “pain and suffering” damages. Unfortunately, pain and suffering damages can be significant in some cases. Therefore, an uninsured driver could be giving up hundreds of thousands of dollars in damages because he failed to purchase insurance.

Are There Exceptions to Prop 213?

Yes, there are a few exceptions to the restrictions in Prop 213. You may be entitled to compensation for pain and suffering damages if:

  • The car accident occurred on private property;
  • You are driving your employer’s uninsured vehicle; or,
  • You borrowed a car that does not have insurance coverage, but you have insurance coverage on another vehicle.

If you believe you may be entitled to compensation, but the insurance company is denying your claim based on Prop 213, call a Sacramento car accident attorney immediately. You may fall within an exception, or there could be other circumstances that apply in your case.

Call a Sacramento Car Accident Lawyer for a Free Case Review

A skilled California car accident attorney works to ensure you receive every dollar you are entitled to receive by law for a car accident claim. Our legal staff works closely with you to obtain the details of the accident to conduct a thorough investigation to determine fault and responsibility.

For a free legal consultation, you can contact The Tiemann Law Firm by calling (916) 999-9000 or by visiting our website.

Client Testimonials

Elena Basquez
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The Tiemann law Firm has been very good to me ever since I walked in the door. James and Emily have been very responsive and professional and make me feel comfortable when I start to freak out a bit. Accidents can be pretty stressful and I feel like they’ve gone above and beyond. I’m happy that keep me up-to-date on how my case is going. I appreciate that they make me feel like a priority and that they take my case serious. I have already recommend them to a few friends and family members. God forbid I get into another accident, but if I do, I know exactly where to come for help.

Elizabeth Ochoa
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I chose Tiemann Law Firm to help me after a car accident I was involved in. Throughout the entire process, Moe made sure to keep me updated, he always responded quickly whenever  I had questions about anything. My case won thanks to this law firm and their dedication. My experience with Tiemann Law Firm was amazing! 10/10 recommended.

Beca Lopez
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Dawniel Ewing
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Amy J
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Michael T.
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I sat down and met with Jelena Tiemann about my vehicle accident.I presented all of my documentation to her in which she gave me her assessment.Although the Tiemann Law Firm wont be representing me because my settlement offer was pretty good she was very clear,forward and professional about what she felt could and couldn't be done.I recommend this law firm to anyone who needs a helping hand at fighting a case where you don't have to worry about the outcome not going in your favor. Please don't review this business if you received a freebie for writing this review, or if you're connected in any way to the owner or employees.

Herb T.
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The Tiemanns were referred to me by a friend and I am exceptionally happy with the service I received. I had never been in an accident before. I had no idea what to do. Jelena verbally explained how everything would work to me, and she and Peter handled everything. I didn't have to lift a finger once. They went above and beyond for me and I am extremely grateful. I pray I won't ever need this type of assistance again, but I will definitely be referring them to friends and family.

Jennifer T.
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I highly recommend The Tiemannn Law Firm! I had never before been in a situation where I sustained injury and had to seek legal representation. I was nervous, traumatized, and had no idea what to expect. Jelena, Peter, and their staff walked me through each step of the process. They explained everything in detail. They patiently answered all my questions, responded quickly to every email, text message, phone call, etc. I felt totally prepared for each new phase of the legal process. Furthermore, they were fearless in their defense of me. In certain situations, when I felt attacked or scared my attorney protected me like I was family. Their diligence, honesty, integrity, and compassion provided a true sense of healing and closure for my family and I. The Tiemann Law Firm accomplished more for me than I ever thought possible and I am forever grateful.

Hanna Padilla
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S.B.
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Star Fire
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Jereme S.
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No-one wants to have to hire a lawyer, but if you do. I prefer Tiemann Law. They helped a family member who was injured on the job, and the company did not want to compensate him even though, the injury occurred on the job on company time. Jelena was always professional in explaining the lengthy process of fighting a large corporation. 2 years later he finally is receiving the deserved compensation.

Maye Ly
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Matt H.
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I was in a car accident a while back where I was injured and had to miss work for an extended period of time.  After nearly a year of fighting with the insurance company with no results and no progress, I met with Jelena Tiemann.  I couldn't have asked for a more responsive and supportive advocate.  We quickly reached a settlement and I finally was able to move from the stress and burden of feuding with my insurance.  I highly recommending meeting with Jelena if you're in need of a lawyer.

Jennifer Birdseye
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Lendzey Garcia
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