Almost all states requirement drivers to show proof of financial responsibility in order to legally drive on their roadways. California is no exception to that rule. California Insurance Code §11580.1b sets out the minimum liability insurance requirements for private passenger vehicles as follows: $15,000 for injury/death to one person; $30,000 for injury/death to more than one person; and $5,000 for damage to property. Despite these legal requirements, many people drive without liability insurance. It may be that their insurance has lapsed due to an oversight or possibly because they simply couldn’t afford to pay for it. Regardless of the reason, San Diego car accident attorney Emery Ledger is frequently asked what happens if someone is injured in an accident that was not their fault but they did not have the legally required liability insurance.
The California legislature and courts debated that issue for years before reaching a conclusion back in 1996. Proposition 213 finally decided the issue in somewhat of a compromise between the two sides. Proposition 213 essentially says that if you are the victim in a car accident wherein you were not at fault, but were driving without the legally required liability coverage, then you are still entitled to recover economic damages from the car accident, according to San Diego car accident attorney Emery Ledger of Ledger & Associates. You may not, however, recover non-economic damages. Non-economic damages are what most people think of as pain and suffering. What this means, in most cases, is that you can recover the cost of your medical care, property damage to your vehicle, lost time from work and other out of pocket expenses. You will not be able to get additional money for any emotional toll that the accident took on you. There are additional provisions under Proposition for special circumstances such as when one of the drivers was driving under the influence or when one of the drivers was in the commission of a felony but the above applies to the majority of uninsured situations.
While there may be other penalties that impact your driver’s license, the bottom line is that if you were injured in a car accident and you were not at fault then you may still be able to recover compensation for the injuries you have suffered. As you may know, those damages alone can add up rather quickly and you should not have to shoulder the financial burden of paying for them if you were not at fault in the car accident. If you have been in a car accident, then don’t be afraid to contact an experienced San Diego car accident attorney to discuss your specific case. Emery Ledger, of Ledger & Associates has been practicing personal injury litigation for over twelve years in the San Diego area and would be happy to offer you a free detailed evaluation of your car accident case. He can be reached at his office at 1-800-300-0001 or you can visit him online at www.ledgerlaw.com.
