What If I’m In An Auto Accident And I Don’t Have Insurance?

Michael Waks

10 years ago

Similar to most states, California is an at-fault car insurance state. That means the driver deemed to be at least 50.1% to blame for an auto accident is considered to be at-fault. California law requires drivers to have liability insurance. When there is an auto accident, the liability insurance of the at-fault driver is used to cover personal injuries and property damage incurred by other drivers and passengers. Although all drivers are required to carry insurance, unfortunately, not everybody does. In California, a 1996 ballot initiative made it riskier for drivers to drive without insurance.

How Does Proposition 213 Effect Uninsured Auto Accident Victims?

California’s Proposition 213, backed by the insurance companies, was passed to punish drivers who drive without insurance. It does this by limiting the damages an uninsured auto accident victim can recover from the at-fault driver. The law states that an uninsured auto accident victim can only receive compensation for economic damages – i.e. medical expenses and loss of earnings. What an uninsured auto accident victim cannot receive, is compensation for noneconomic damages – i.e. past and future pain and suffering, loss of enjoyment of life, disfigurement, physical impairment, and mental suffering.

Non-economic damages are often much greater than economic damages, so being barred from receiving compensation for these damages can be devastating for an injured party. There are certain circumstances under which the provisions of Proposition 213 may not apply. One such example is if the at-fault driver was driving under the influence of alcohol or drugs (DUI). Another example is if, as a result of the accident, there is a wrongful death claim. Depending upon the situation, an experienced personal injury attorney may be able to challenge the recovery restrictions of Proposition 213, so uninsured auto accident victims should consult an attorney as soon as possible.

Driving Without Insurance is Highly Risky

In addition to limiting the type of damages an uninsured driver can by compensated for, driving without insurance can have other negative consequences. A driver who does not carry at least the State mandated minimum amount of car insurance, can have his or her driver’s license suspended for one year by the Department of Motor Vehicles. A provisional license that allows someone with a suspended license to drive for very specific purposes is sometimes granted, but only if the driver gets, and maintains, the required car insurance.

Contact an Experienced Long Beach Auto Accident Attorney to Assist You with Your Claim

“Your Injuries are Personal to Me”

My law practice exclusively represents personal injury victims and does so with a deep understanding of their suffering and an absolute commitment to their recovery. I take your injuries personally, and that is why I directly handle all aspects of every case to ensure that you receive maximum compensation.

Call the Law Office of Michael D. Waks at 888-394-1174 or use the convenient online contact form to schedule a free consultation. You are under no obligation and you will never pay any money unless you recover damages for your injuries. I offer bilingual services as part of my comprehensive approach to legal representation and I am available 24/7 to talk to you about your case.

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Michael Waks

Michael Waks is an aggressive advocate for people who have suffered because of someone else’s actions. Michael decided to become a personal injury lawyer when, while clerking at a legal defense firm during law school, he witnessed and was infuriated by asbestos manufacturers spending millions to avoid taking responsibility for the egregious injuries they caused. Immediately after passing the bar, Michael opened his own firm in Long Beach, CA to help the victims of personal injury accidents get every benefit owed them under the law.