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An Important Exception to Prop 213: When the Driver is Convicted of DUI

An Important Exception to Prop 213: When the Driver is Convicted of DUI

As a Los Angeles auto accident attorney, I routinely discuss insurance issues.

I was recently asked an interesting question:  What happens if someone doesn’t carry auto insurance, and is injured in a collision caused by a drunk driver?

The answer is found in Civil Code section 3333.4.

This Civil Code section codifies what’s known as Proposition 213.

Prop 213 was a voter initiative passed in the 1990s that expressly prevents someone without auto insurance from pursuing the at-fault driver for anything more than his or her medical damages.  Pain and suffering damages are off the table in these cases, as I explained here.

Nevertheless, there is an exception to this rule–when the at-fault driver is convicted of a DUI.

To sum it up, if someone doesn’t have auto insurance, and is injured in a collision caused by a drunk or impaired driver, and that driver is convicted of this offense, the injured person can still recover his or her pain and suffering damages.

For questions about your Los Angeles pain and suffering damages or auto accident case, the Rabbi Lawyer is ready to assist, 24/6!