Promptly Pay Premiums to Avoid Post-Accident Penalties Under California Law

This week I was working on a case for a client who is a long-time friend. Unfortunately, I was limited in my ability to help him. My client was driving in San Jose when another car ran a red light and crashed into his vehicle. My client was injured as a result. My client was not at fault in the accident but also didn’t have his own auto insurance at the time. He apparently allowed his coverage to lapse due to inadvertent missed payments.

In settling his case, the offending driver’s insurance company rightfully refused to pay anything more than his medical bills. In other words, it offered him nothing for his pain and suffering. That is because California voters passed Proposition 213 in 1996.

Proposition 213, also known as the Personal Responsibility Act of 1996, was enacted into law and holds that an uninsured motorist is not able to recover what he normally would be able to. Specifically, an uninsured motorist is unable to receive compensation for: pain, suffering, inconvenience, physical impairment, disfigurement and other non-pecuniary damages. The purpose behind Proposition 213 was to curb the ability of lawbreakers to file suit and recover from law abiding citizens. In that vein, Proposition 213 also prevents drivers that are drunk, and individuals who are in the commission of a felony at the time of the accident, from suing and recovering these damages.

My client fully recovered from his injuries. However, if his injuries had been more severe, the failure to have automobile insurance coverage could have been devastating. You may want to double check the payment of your insurance premiums so you are not left in the same situation.

The attorneys at the Piccuta Law Group regularly represent clients who are injured in car accidents. If you or a loved one was involved in a car accident, contact the attorneys at the Piccuta Law Group today for a free consultation.