Great Settlement for Concord Motorcycle Accident with Proposition 213 Issue
Serious Motorcycle Accident in Concord
A young veteran was driving her vehicle down the road, when another vehicle came out of an adjacent parking lot right in front of her. The veteran was unable to avoid the collision, crashed into the side of the vehicle, and suffered a broken neck and extensive property damage.
What is prop 213?
California Civil Code 3333.4 is the codified law that sets out what Prop 213 is. "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 non-pecuniary damages if... 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."
In short, if you did carry (or were not covered by anyone else's) liability insurance at the time you were in a traffic accident, you cannot recover any money from the at-fault party for your general (non-economic) damages.
Note that if you are a passenger in an uninsured vehicle, you can still recover both economic and non-economic damages. Other Exceptions to Prop 213 include minors and wrongful death claimants. Also, you can recover both economic and non-economic damages even if you weren't carrying liability insurance if the accident resulted from a defective vehicle, not the fault of another driver.
Proposition 213 Eliminates Pain and Suffering Damages
Unfortunately, at the time of the accident, the veteran did not have liability insurance coverage on her motorcycle—waiving her right in California to pain and suffering, among all other general damages. California's Proposition 213 doesn't allow people who fail to carry liability insurance coverage to collect anything more than their actual documented expenses in a personal injury case. That means nothing for pain and suffering damages.
Proposition 213 Applies Even When Liability is Clearly Against the Other Party
Even though liability was clearly against motorist, not the motorcyclist, she was not entitled to pain and suffering damages. The Concord Police Department concluded the other driver was responsible for this accident and that she violated California Vehicle Code Section 21801(a) by impeding the right-of-way of another motorist. Despite this clear finding, the Prop 213 limitation on damages still applied.
Although this restricts the amount of money you can recover in the motorcycle accident claims settlement process, it does not bar you from making a claim altogether.
Sally Morin Personal Injury Lawyers Negotiates a Great Settlement Despite a Proposition 213 Issue
Despite this Prop 213 constraint, the motorcycle accident team at Sally Morin Personal Injury Lawyers worked hard to negotiate a settlement that allowed the veteran woman to walk away with over $14,000 in her pocket after all medical expenses, attorneys’ fees and costs were paid.
Motorcycle Accident Client
"I was in a serious motorcycle accident that was not my fault. It has been a stressful and scary year. But one of the comforts through it all has been the services that Sally Morin provided. While I was focused on my health, she was taking care of everything else."
Sally Morin Personal Injury Lawyers Fights for MORE Money
If you or someone you love has suffered major injuries in a motorcycle accident in Concord or anywhere in the Bay Area please contact our team to see if we can help.