California passed a law called proposition 213. Proposition 213 does not allow people who have been injured in a car accident without insurance or fleeing to receive compensation for “general damages”. There is a valid reason behind this law, which is to prevent people who do not protect others from their own mistakes and ignorant actions for not having proper insurance coverage. These negligent individuals shouldn’t be able to collect compensation for their pain and suffering damages. Even though prop. 213 states that the driver at fault without insurance cant receive compensation they can still receive compensation for medical bill and other expenses caused by physical injuries.

Insurance companies will try and use this law to deny coverage to innocent people. Having the right personal injury lawyer by your side such as the California Prop. 213 lawyers at Amerberg Law Group will ensure you receive the compensation you deserve.


General Damages

No dollar value to the plaintiff’s losses. When there is a link between the defendant’s behavior and the plaintiff’s injuries this is considered general damages and can include the following:

  • Mental anguish;
  • Loss of a loved one (this is usually paid to the family members of a wrongful death case);
  • Lowered quality of life
  • Pain and suffering;
  • Physical disfigurement;
  • Physical impairment;

Special Damages

These are damages that compensate the plaintiff for substantial monetary losses. These losses include the costs to repair the property and as well as medical bills. Lost wages or earnings are included as well. Damages that are considered special are out-of-pocket expenses that your lawyer can calculate by adding the plaintiff’s financial losses. If you suffered from losses it must be proven. Damages to your car fall into the category of special damages. Special damages become more increasingly difficult to calculate when factoring in medical care or future lost wages because of the injury. Some special damages consist of:

  • All Medical expenses
  • Irreplaceable items that have been lost
  • Damaged property that needs to be repaired or replaced
  • Earning capacity and lost wages

Prop. 213 helps protect the responsible driver who has liability coverage even at fault. It does not affect the injured party compensation reward for their lost wages, medical bills, or broken items. Prop. 213 is intended to prevent the uninsured injured drive from being awarded with compensation for pain and suffering.

Prop. 213 Does Not Apply to:

  • Prop. 213 put into action to not reward a driver who violates the state’s insurance laws. Prop. 213 does not apply to the passengers in the uninsured motorist’s automobile at the time of the incident.
  • If the defendant has a DUI on their record they cant be a part of Prop.213.
  • An employer must have insurance. Since it’s not the responsibility of the employee to provide their own coverage prop. 213 does not apply.


Contacting an experienced California prop. 213 lawyer can be vital in building a case when involved in a Prop. 213 incident. Amerberg Law Group has the expertise and knowledge needed to tackle your case today. Call today for free consultation at 833-338-HURT.

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Here at Amerberg Law Group we are prepared to answer any legal questions you may have concerning your case. We offer completely free and confidential legal consultation and case evaluation from one of our trusted California personal injury lawyers. Schedule your consultation by calling toll free: +14244335363

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