What happens when you are in an accident but have no insurance on your car?

The main legal development is known as Proposition 213. Prop 213 places specific limitations on your ability to recover money after you were in a car accident.  This limitation occurs  even if the accident was not your fault.

In California, if you are driving and do not have insurance on your car, you can be prevented from certain types of damages.  These damages include general damages.  General damages compensate you for all non specific and not easily calculable aspects of your injury.  These include pain and suffering, emotional distress, loss of companionship, loss of consortium, loss of reputation, loss of phsyiclal or mental capacity, and loss of the enjoyment of life.  General damages are awarded in personal injury actions, when these damages can be clearly shown to have been lost due to the carelessness or negligence of the defendant.

This is a law that was passed in 1996, as part of a push by insurance companies to pay out less money to injured victims.

To prevent this limitation, you should always make sure to have insurance on any vehicle that you are operating.

For a free evaluation with one of our San Luis Obispo personal injury attorneys, please reach out.  We take no fee unless we are successful in recovering for you.  We are paid on a contingency basis only.  This way you can receive the best legal help, and maximize the value of your case.