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What Your Motorcycle Accident Attorney Will Tell You About Prop 213

Found yourself faced with determining the nuances of Prop 213? Partner with a quaified motorcyle accident attorney. A Southern California motorcycle accident laywer will outline the specifics of this often considered misguided law as well as how it affects you.

 

The Shortcomings Of Proposition 213

 

At first, many had hope for Proposition 213. Passed in 1996, Prop 213 received an astonishing 76.83 approval vote, making it official legislation as part of Civil Code Section 3333.4. Why such a high “yes” vote? Insurance companies packaged the law as a preventative method against impaired drivers from collecting payouts from innocent parties’ insurance carriers.

 

This sounds like a legal no-brainer, right?

 

Not exactly.

 

Once the legislation passed, many voters realized this misguided law has some serious, and unexpected, ramifications.

 

What Is Prop 213 Really?

 

Yes, Prop 213 under Civil Code Section 3333.4 does prohibit drunk drivers from suing insurance companies for retribution. However, it also touts consequences for other accident categories and injured parties. The breakdown on Prop 213 includes:

 

Driving While Impaired, But Not At Fault

Even if an under-the-influence rider was deemed not at fault for causing the accident, Prop 213 specifies that he still can’t file a claim for non-economic damages, such as pain and suffering, or emotional damages.

 

Innocent, But Not Insured

Motorists of any type found not to be at fault for causing the accident must demonstrate proof of valid insurance held when the accident occurred. Even if the driver or rider did nothing to cause the accident, not holding valid insurance coverage means their claims are limited specifically to just monetary damages. What does that mean? You could seek compensation for repairs, lost wages, medical expenses and other related expenses. However, as the driver, you could not seek non-economic damages. Your passengers, insured or not, could still seek non-economic damages.

 

Conviction Retribution

The state does try to toss motorists a legislative bone if the at-fault driver is convicted of driving under the influence and causing your collision. A conviction, while never guaranteed, means that you see non-economic retribution.

 

Consult With A Motorcycle Accident Lawyer

 

Does Prop 213 seem misguided and potentially unfair? It often is, simply because economic damage often falls significantly short of actual non-economic damage. In short, under these conditions, unless you can produce an expense report of your costs, you may often be denied retribution. Less tangible, yet just as serious, conditions, such a trauma and distress, may never be considered as part of list of injuries. The lack of options available to drivers and riders alike can make accident survivors feel like victims all over again.

 

What is the best way to determine if you have rights under Prop 213? Contact a qualified motorcycle accident attorney. A qualified team will have the insight, skill, and experience needed to ensure all of your rights are protected and you get the monetary reward that you are entitled to.

 

About The Author:

The California Legal Group, a qualified team of experienced southern California motorcycle accident attorneys. Their decades of combined knowledge and experience and specialization in motorcyclists ensure that you’re in good hands.

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