If you are involved in a car accident in California that was not your fault but you do not have valid auto insurance, your ability to recover compensation is limited even if the other driver is clearly to blame. California law punishes drivers who do not carry valid auto insurance, even when they are the victims in a crash.
At the Law Offices of Brent W. Caldwell, we often speak with people who were injured in accidents they did not cause but are surprised to learn they cannot recover full compensation. Understanding how the law works in this situation is important so you can protect your rights and avoid costly mistakes.
What California Law Says About Being Uninsured in an Accident
Under California Proposition 213, drivers who do not have valid auto insurance at the time of an accident are barred from recovering certain types of damages, even if they were not at fault. Specifically, uninsured drivers cannot recover non-economic damages, commonly referred to as pain and suffering.
Non-economic damages often make up a significant portion of a personal injury settlement. They cover things like emotional distress, inconvenience, physical pain, and loss of enjoyment of life. Without valid insurance, you may still recover for:
- Medical expenses
- Lost wages
- Property damage
But you cannot recover for how the accident has impacted your life in more personal, emotional, or ongoing ways.
Exceptions to Proposition 213
There are a few exceptions where Proposition 213 may not apply:
- You were driving someone else’s insured vehicle with their permission.
- The vehicle was uninsured, but you were a passenger, not the driver.
- You were injured on private property, rather than on a public road.
- The at-fault driver was convicted of DUI in connection with the accident.
If the other driver is found guilty of driving under the influence, the restrictions of Proposition 213 do not apply, and you may pursue full compensation for all your injuries, including pain and suffering.
Each case is unique, and we recommend speaking to a California personal injury attorney to determine if any exception applies to your situation.
Steps to Take If You Were Uninsured in an Accident
If you were uninsured in a car accident that was not your fault, you should still take the following steps:
- Get medical attention immediately and follow your treatment plan.
- Report the accident to the police and gather as much evidence as possible.
- Do not admit fault or discuss your insurance status with the other driver.
- Consult with a personal injury lawyer to understand your legal rights.
Even with limited options, you may still be entitled to compensation for your direct financial losses.
Talk to a California Car Accident Lawyer
At the Law Offices of Brent W. Caldwell, we help injury victims throughout Southern California understand their rights and pursue fair compensation. If you are wondering what happens if you are uninsured in a car accident that was not your fault, we can review your case during a free consultation and explain your legal options.
We handle all personal injury matters on a contingency basis, so you do not pay unless we recover money for you. Contact us today to schedule your free consultation.
