[Transcript]
Hey, it's attorney Mark Blaine working hard every single day for your personal injury cases here in San Diego, California. In this video, I want to talk to you quickly about Proposition 213—what is it and how does it affect your personal injury case? So let's get into it. Proposition 213 is a measure that was taken up by California in 1996 that basically says that if you don't have liability insurance and you get into a car crash that's not your fault, you can't collect pain and suffering damages, which is the biggest value driver on your personal injury case. Now, you can still get all the other damages you're normally entitled to if you have liability insurance, such as reasonable necessary wage loss, reasonable necessary medical bills, mileage to and from your doctor's visits, and reasonable necessary property damage. You still get that, but if you don't have liability insurance, you'll be designated a Proposition 213, and you're absolutely barred from pain and suffering damages. It's just another reason why you want to make sure you have car insurance on your car every time you're out on the roadway. All right, and the reason why the lawmakers made it this way is because we didn't want to have rule breakers get a benefit. You know, a lot of law-abiding citizens are out there in California, and they have liability insurance and they're protecting themselves with uninsured motorists and for those that they injure. But if you're driving on a California freeway and you don't have liability insurance, well, that's what the whole goal of Proposition 213 is. It's to mandate and punish those who are not responsible as opposed to other people out on the roadway. It makes sense. I mean, the rule of reciprocity is alive and well with it. So keep that in mind.
A lot of times, I will still take a Prop 213 case. There are only two situations where I will. It's if there are other people in the car because Proposition 213 only applies to the driver. So if there are passengers, that scrutiny does not apply to them. The passengers can get all their damages, including pain and suffering—just the driver who's the Proposition 213 cannot. So I'll take a case, and I'll have to manage the Proposition 213 driver to make sure that the medical bills get paid back because they still get their medical bills; they just don't get pain and suffering. And then I'll take the passengers as well and help them with their case. So, that's one exception as to why I would take a Prop 213 case. The other one is a little bit rarer. It happens when the driver is a Prop 213, but let's say they have a health plan, but the car crash was such that they have expensive ER medical bills, which happens, and then the health insurance lien is thirty thousand dollars in terms of what the health plan paid out for all the medical bills. And we all know medical bills can get expensive. So, if there's a health plan involved as a Prop 213 driver, I might be able to reduce the health lien reimbursement provision to such a low level that it leaves a surplus of money available for that injured client. It's rare. I've done it before. I generally don't take Proposition 213 cases, and that should send a message to anyone watching this video. It's going to be hard to have a lawyer on your case if you don't have liability coverage because you're a Prop 213 because, again, there's no pain and suffering to go after, which is the biggest value driver on your injury case. If you want to learn more about Proposition 213 strategies and how I use it, feel free to call me. You might be in a situation right now where you are a Proposition 213, and you might have a question on what I just talked about in terms of maybe helping you. So, if that's you, feel free to reach out to me. I'll make myself available to you anytime, 24 hours a day, seven days a week, and via my contact information here or on social media. And with that said, I hope you have a great day and as always, stay strong.
What Is Prop 213 in California?
Proposition 213 is a law that prevents anyone who is a driver injured on California roadways and does not have auto liability insurance in force at the time of the injury, is 100% barred from collecting "pain and suffering" damages. This is referred to as a "nudge" economic incentive to encourage all drivers to have valid liability insurance in force at all times while driving so that costs can be covered by insurance as opposed to being absorbed by the consumer. It makes financial sense, our San Diego personal injury lawyer explains, and if you don't know if your auto insurance is in force, you need to make sure before you take the wheel in California.
"Pain and suffering" damages are the biggest "value driver" on any personal injury case, and not making sure you have auto liability coverage in force automatically hurts your case when you are not at fault in an auto collision in California. Why do this to yourself and your family? You are taking away the full ability to recover for these damages when you fail to take financial responsibility for yourself and your family. Having auto liability insurance is within your full control, and it is the law.
Carrying Auto Liability Insurance is Vital![Auto Liability Insurance]()
Over the years, I have had many calls from people who have been injured in car collisions that have very good cases, except for the fact that they did not carry auto liability insurance. This means I cannot take their case because obtaining pain and suffering damages is simply not allowed. Sure, there is one exception to Proposition 213, but it is extremely rare. When you are injured by a drunk driver, then you are excluded from being a Proposition 213 when you do not have auto liability insurance. The best policy is to always review your auto insurance situation and take great care in making sure your auto insurance payments are met each month. I always recommend you pay your auto insurance premium in advance, either for six months or the entire year. This way, you ensure you are insured when driving on California roadways.
Another way of looking at this is you are letting the at-fault party off cheap because you were not making sure you carried auto liability insurance when the car collision occurred. The at-fault party already betrayed your trust by choosing to violate a safe driving rule of the road and causing a car collision, which produced your injuries. Why on earth would you allow this at-fault party to escape justice by not obtaining your pain and suffering damages as well?
Also, from a greater standpoint, you are helping the economy by carrying auto liability insurance because you are helping to defray costs that would otherwise be absorbed by you personally. This helps you, and by helping yourself, you are making the local community stronger. And, let's not forget that by having insurance in effect to protect you and your family, you increase the odds that you also have uninsured motorist coverage, in addition to auto liability insurance, to help protect you and your family further from an uninsured at-fault driver.
Speak With an Experienced San Diego Personal Injury Lawyer Today
If you find yourself in a situation where you think you might be, or you are Proposition 213, and you still have questions, please consider reaching out to me to see if there is anything that can be done. Depending on your situation, there is a rare circumstance where a good personal injury lawyer might be able to still help you. A good legal consultation can go a long way in terms of seeing if there is a way to help. You can call me anytime at 619.813.7955, and I would be happy to see if I can help.
Stay strong, Attorney Mark
