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I live in WA and was recently in a head on collision in CA.

I was driving west and...
I live in WA and was recently in a head on collision in CA. I was driving west and the other driver east. The other driver was texting and crossed the median and hit me head on. The entire accident was caught on a surveillance camera. My questions is this; I had not paid my insurance bill due to traveling and was not insured. Does Prop 213 still apply to out of state motorists?
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Answered in 26 minutes by:
6/6/2013
Brandon, Esq.
Brandon, Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 1,953
Experience: Has received a certificate of recognition from the California State Senate for his outstanding legal service.
Verified

PI-Expert :

Hello and thank you for your question today.

PI-Expert :

Are you online with me?

PI-Expert :

Welcome to the chat

PI-Expert :

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.

Customer:

Yes

PI-Expert :

Where was the car that you were driving registered?

Customer:

WA

PI-Expert :

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

PI-Expert :

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?

Customer:

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.

PI-Expert :

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

Customer:

It was caught on video and she crossed into on coming traffic. Even the cops said there was nothing I could do.

PI-Expert :

So you had a green light?

Customer:

neither one of us had a light. It was on a straight away

PI-Expert :

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

Customer:

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

PI-Expert :

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

PI-Expert :

Oh okay, sorry about that

Customer:

at least I am not sure yet. Still waiting for police report.

Customer:

So let's clarify. Does having a WA state registered car and license get around prop 213?

PI-Expert :

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

PI-Expert :

Yes, that is correct

Customer:

Correct. I was not drunk.

PI-Expert :

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.

Customer:

ok. Thank you very much. Now how do I pay?

PI-Expert :

There should be a button on the bottom of your screen which says rate expert.

PI-Expert :

It used to be a smiley face, though I believe it has been recently changed

PI-Expert :

Then once rated, you click save and exit

Brandon, Esq.
Brandon, Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 1,953
Experience: Has received a certificate of recognition from the California State Senate for his outstanding legal service.
Verified
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Brandon, Esq.
Brandon, Esq.
Brandon, Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 1,953
1,953 Satisfied Customers
Experience: Has received a certificate of recognition from the California State Senate for his outstanding legal service.

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