While it is illegal to drive on California roads and highways without insurance or proving financial responsibility, it still happens — and quite often. In fact, recent surveys indicate that almost 15% of drivers are operating their vehicle without auto insurance. Los Angeles car accidents involving a car without car insurance can be scary.
What happens if the driver of the vehicle that hit you does not have car insurance? Are you responsible for and stuck paying your own bills?
If the Insured Driver Is at Fault in a California Car Accident
Under California Proposition 213, the “no-pay no-play law,” insured California drivers who are involved in a car accident are somewhat protected in the event that they are found at fault for the accident. The uninsured driver may not sue the insured driver for the law considers non-economic losses. While the uninsured driver may still recover for medical bills, car repairs, etc., they may not recover for physical or psychological pain and suffering. The law also requires that the economic losses have $10,000 deducted from the amount of property damage to account for the minimum amount of insurance coverage the uninsured driver should have carried at the time of the California car accident.
If the Uninsured Driver Is at Fault in a California Car Accident
Under California law, if the uninsured driver is at fault for the car accident, they are not entitled to financial compensation from the insurance company for their medical bills or property damage even if their losses are more significant than the insured party. The insured river still has the right to sue the uninsured driver for the damages they suffered. Additionally, the uninsured driver will face penalties by the State because driving without insurance is a crime. They may be fined, their vehicle may be impounded, and they may even have their driver’s license suspended. In other words, Prop 213 prevents drivers injured in a car accident from obtaining monetary compensation for their pain and suffering even when the accident was not their fault if they lack car insurance or the car they were driving was not covered by insurance.
Involved in a California Car Accident? Get Help
If you’re involved in a California car accident with a driver who didn’t have car insurance, you have legal rights and an experienced Los Angeles injury attorney will be able to help you protect them. Contact the skilled personal injury attorneys at Ghozland Law Firm today for a free, no obligation consultation about your car accident.