Legal Question in Personal Injury in California
Types of insurance coverage satisfying Prop 213 requirement
If I have a colateral protection policy but not the typical liability coverage on my motor vehicle am I prohibited from seeking compensation for pain and suffering due to a motor vehicle accident where the other driver is at fault (per prop 213)? Or does the colateral protection policy satisfy the requirements of California state law?
2 Answers from Attorneys
Re: Types of insurance coverage satisfying Prop 213 requirement
The short answer is NO!!! All such policies that strictly deal with vehicles, leases, leinholders, etc, do not meet the requirement. They do not cover liability to other drivers. Not only would you not collect pain and suffering in a PI case, the DMV could suspend your license for not being "financially responsible." AND, you could have problems renewing the registration on your car.
Re: Types of insurance coverage satisfying Prop 213 requirement
Only liability coverage counts. You are breaking the law by not having it, and you are prohibited from collecting noneconomic damages in an auto accident lawsuit. The collateral coverage protects only the lender, not the people you might crash into.
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