Hello and thank you for your question today.
Are you online with me?
Welcome to the chat
Prop 213 restricts owners and operators of motor vehicles injured in a motor vehicle accident from recovering non-economic losses for compensation for pain, suffering, inconvenience, physical impairment, disfigurement, and other non-pecuniary damages if the injured person was not insured at the time of the accident as required by the Financial Responsibility Laws of the State of California. The Financial Responsibility Laws state that any car registered in California must be insured in California.
Where was the car that you were driving registered?
Then you would be entitled to compensation for all economic and non-economic damage which occurred to you as long as the other party would have been deemed at fault for the accident
When you state that the other driver crossed the median, regardless of the texting, was there a red light? a stop sign? what would lead you to believe that they were at fault?
Really? I read so much on prop 213 and couldn't find that anywhere. I am not discounting your advice. Just really happy if that's the case.
You have to look at the exact language of the statute. Also, read Castillo v. Espinoza, Hurtado v. Dong, Congress of California Seniors v. Quackenbush, Steving v. Municipal Court of the County of San Joaquin and Vo v. Miller
It was caught on video and she crossed into on coming traffic. Even the cops said there was nothing I could do.
So you had a green light?
neither one of us had a light. It was on a straight away
oh okay, i apologize, I see, the other driver was drunk and crossed the median. Not only would you be able to avail yourself of economic and non-economic damage, but depending on how drunk this person was, you might be able to avail yourself of the California Victims Fund, as well as use vicarious liability to go after the company
No wait. She was not drunk. I stated in my question that I was aware that if she was drunk that it would be the only way around prop 213
So 1) you can absolutely sue her. 2) you can sue the owner of the vehicle for economic damage 3) you can sue the company for non-economic damage if she was engaged in company business and 4) if there is no money to go after you can get money from the California Victims fund
Oh okay, sorry about that
at least I am not sure yet. Still waiting for police report.
So let's clarify. Does having a WA state registered car and license get around prop 213?
I believe you are talking about Civil Code Section 3333.4 which states that you cannot recover for non-economic damage if YOU are drunk and convicted of that offense
Yes, that is correct
Correct. I was not drunk.
So in answer to your question, yes, having a WA state registered car and license do get you around prop 213. If the insurance company is refusing to budge on this, you should consider hiring a personal injury attorney in your area.
ok. Thank you very much. Now how do I pay?
There should be a button on the bottom of your screen which says rate expert.
It used to be a smiley face, though I believe it has been recently changed
Then once rated, you click save and exit
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).