Proposition 213
Did you know that California state law provides that if you are a Good Samaritan
and driving a drunk home from a party and someone else runs a red light causing
both of you serious injuries, you cannot be compensated for your pain and
suffering or non-economic damages? See California Civil Code Section 3333.4 In
other words, the good guy gets stiffed by the law that voters passed by
initiative in 1995. Under Civil code section 3333.4, if the vehicle in an
accident is not insured, the driver cannot receive non-economic or general
damages. The effect of this law (the Quackenbush Initiative, Prop. 213) is that
the insurance companies in California saved $56 million in 1996. Another effect
of this law is that innocent injured uninsured citizens cannot get a lawyer to
take a case on a contingent fee basis, because the client will get no more than
their medical bills (special damages) paid in the case. Another effect is that
taxpayers carry the burden that insurance companies used to because MediCal ends
up paying the medical bills of seriously injured people in instances where there
is no insurance on the innocent injured party.
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The above is not legal advice. That can only come from a qualified attorney
who is familiar with all the facts and circumstances of a particular, specific
case and the relevant law. See Terms
of Use.
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