In the state of California law, most uninsured drivers are prevented from recovering “non-economic” damages following a collision, even if the other driver is completely at fault for the accident. While this may sound confusing, this post seeks to explain the rationale for California’s law regarding limits on injury damages.
Pursuant to California state law, non-economic damages include compensation for issues like pain and suffering (generally the largest category of non-economic compensation), disfigurement, physical impairment and/or overall inconvenience.
Keep in mind, however, that there is an exception to this rule. Indeed, the uninsured driver will be able to recover non-economic damages if she or he is involved in an accident with a driver who is operating a vehicle while under the influence of drugs and/or alcohol, and that driver is later convicted of DUI in connection with the accident.
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If you have any questions regarding limits on injury damages in the state of California, please contact the attorneys at Hales & Associates, Attorneys for your complimentary consultation. With over twenty years’ experience representing Murrieta clients struggling with personal injury issues, our trusted legal professionals are uniquely equipped to help you secure the outcome you deserve.