Want to recover your damages after an automobile accident through a lawyer? WCTL provides experienced car accident lawyers in Los Angeles to determine if your case falls under Proposition 213’s umbrella.

1. Understanding Proposition 213
In 1996, insurance companies lobbied for the creation of a new law designed to limit injured
parties from recovering damages after an automobile accident. The law, known as Proposition
213, establishes very clearly that if you are driving a vehicle without automobile insurance
coverage, the damages you recover in any legal action are limited exclusively to your economic
damages (cost of repairs, medical bills, etc.). If you do not have insurance on your vehicle and
are involved in an automobile accident, Proposition 213 may prevent you from recovering
noneconomic damages (i.e. pain and suffering), regardless of who is at fault for the accident.
That being said, there are
circumstances in which Proposition
213 does not apply. It is important to
work with an experienced car accident
lawyer in Los Angeles to determine if
your case falls under Proposition
213’s umbrella.
Excluded Drivers – The Basics
When you start a new automobile
insurance policy, most insurance companies require you to include all drivers in your household
— including those with expired licenses or those who do not drive. Insurance companies
generally consider anyone with the ability to drive to be a potential driver of your vehicle and
demands these people be listed on the policy. Think about it this way: A person who lives in
your home might never drive your car, but what happens in an emergency? Will that person
potentially get behind the wheel? Insurance companies want all these bases covered.
Excluded drivers are people you have specifically excluded from your policy. If an excluded
driver gets in an accident in your vehicle, you may be responsible for the damages. Additionally,
if you are an excluded driver who gets in an accident in someone else’s vehicle, Proposition 213
may affect your ability to recover damages from that accident.
Possible Exceptions to Proposition 213
While Proposition 213 may limit damages, exceptions do exist. One such exception is for
passengers. Proposition 213 only applies to drivers. If you are a passenger in an uninsured car
and are injured in an accident, you may be entitled to both economic and noneconomic damages.
Another exception to Proposition 213 applies to recovery in the form of punitive damages.
Punitive damages can be recovered if a crime was committed during the accident. For instance, if

2. you are struck by a drunk driver, Proposition 213 may prevent you from recovering
noneconomic damages as a result of the accident, but it does not prevent punitive damages
assigned by the court for the act of driving under the influence.
Proposition 213 can get pretty confusing if you have never dealt with it before. Make no mistake,
insurance companies will do everything they can to limit the damages you can recover, even if
your case may qualify as an exception under the law.
For more information about Proposition 213, please contact West Coast Trial Lawyers at (888)
888-WCTL (9285) to ensure you receive the best representation, or visit
www.WestCoastTrialLawyers.com.