Injured While Driving a Vehicle With No Insurance?

If you are injured while driving an uninsured vehicle can you make a claim against the responsible party for bodily injury, medical bills, loss of earnings and pain and suffering?

The answer is yes for economic damages (medical bills and loss of earnings) and no for general damages (pain and suffering).

On November 6, 1996, the people of the State of California passed Proposition 213 commonly referred to as Civil Code Sections 3333.3 and 3333.4. Civil Code Section 3333.4 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, or if the injured person was driving under the influence and was convicted of that offense. Such a person, however, although uninsured, may recover such damages if at the time of the accident that person was injured by another who was convicted of driving under the influence. Passengers in uninsured vehicles may be entitled to economic and noneconomic damages.

Civil Code Section 3333.3 prohibits a person from recovering any damages if the injured person’s injuries were in any way proximately caused by the injured person’s committing of any felony or immediate flight therefrom and that person is convicted of that felony.

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