California Civil Code (CIV) limits the amount of damages that uninsured drivers and others are awarded after getting hurt in an accident. The victim would be cut off from earning non-economic damages, such as compensation for the emotional trauma they suffer, even if the other driver caused the accident.
Uninsured drivers are targeted by the code, but it also limits what drivers on drugs or using alcohol could win in an accident claim.
(a) Except as provided in subdivision (c), in any action to recover damages arising out of the operation or use of a motor vehicle, a person shall not recover non-economic losses to compensate for pain, suffering, inconvenience, physical impairment, disfigurement, and other nonpecuniary damages if any of the following applies:
(1) The injured person was at the time of the accident operating the vehicle in violation of Section 23152 or 23153 of the Vehicle Code, and was convicted of that offense.
(2) The injured person was the owner of a vehicle involved in the accident, and the vehicle was not insured as required by the financial responsibility laws of this state.
(3) The injured person was the operator of a vehicle involved in the accident and the operator can not establish his or her financial responsibility as required by the financial responsibility laws of this state.
What Uninsured Drivers Can Ask for in a Car Accident Claim
Drivers who are injured in accidents and, at the time, breaking California law, can be shut out of important support after an accident.
For certain violations, they might be barred from asking for what are known as “pain and suffering” damages.
This could be the case when drivers, at-fault or not, are found to be ignoring certain California codes.
- Drivers who have used drugs or alcohol. In the case of alcohol consumption, the use doesn’t always have to rise to the legal limit of .08% blood alcohol content (BAC). California Vehicle Code (CVC) 23152 and 23153 explain the duty of drivers.
- Drivers who aren’t protected by car insurance as required by state law.
- Drivers who cannot establish financial responsibility. This forces drivers to prove they have the money to cover any harm they cause in a collision. If they don’t have car insurance, they may be self-insured, or they may have deposited $35,000 with the state to avoid having to pay for car insurance. If not, they may have trouble seeking full support after they are hurt.
An officer may cite a driver, even the motorist who wasn’t at fault, for any of these violations and cost them thousands of dollars in recovery support.
What Are Non-Economic Damages in Car Accidents?
Motorists without insurance or hit while driving drunk could still earn economic damages from the at-fault driver. That would include easily calculated losses such as totals on hospital bills and lost income at work. The cost to restore a car to working order or to buy a new car should be covered.
But the Civil Code would prohibit injured victims from asking for non-economic damages. These are hardships that are harder to add up and put a price on.
- Unable to ask for support for the pain victims are put through.
- Unable to ask for support for the emotional trauma an accident can cause. That can include the PTSD that victims experience after a scary impact. It can include the depression and anxiety patients are left with. No support for a difficult and discouraging recovery. No support for the loss of enjoyment of life a victim with a long-term injury may have to cope with.
- Unable to ask for support for the inconvenience caused by an accident.
- Unable to ask for support for the physical limitations an injury causes the victim.
- Unable to ask for support for the trauma and change in lifestyle a permanent disfigurement may cause.
These and other hardships that fall under “pain and suffering.” They are important sources of support for seriously injured car accident victims, and the loss of the ability to ask for help can leave victims suffering needlessly.
And sometimes police officers or the CHP get it wrong, citing accident victims for a clerical error by California’s DMV. Victims can fight back, gather evidence to prove they weren’t driving illegally, and then prove they didn’t cause the accident.
An experienced lawyer can help accident victims correct the accident report and help them document their injuries so they get the right amount of support. Full support!
Contact a California Car Accident Attorney
If your accident involves a serious injury or the tragic death of a loved one, it’s an excellent idea to have an experienced lawyer on your side. A list of serious injuries might include a broken bone, a neck or back injury, or a Traumatic Brain Injury (TBI).
Your California Car Accident Lawyer can help you correct any mistakes in the investigation into your accident and secure the support you need to fully recover.
Maison Law of California offers a free, no-obligation case consultation for all injured California accident victims. If you do need our help, there are no upfront charges. In fact, we aren’t paid unless we win your case for you. Then our fee comes out of the check the insurance company must write for you.
