In California, there are 2 broad types of compensation you can pursue. Unless you were driving without auto insurance, you are entitled to both. Our aggressive attorneys seek the full measure of our clients’ claims by pursuing all available sources of recovery. We do this by being thorough and obtaining all necessary supports for their claims.
One type of compensation you can pursue in an auto accident claim if you have auto insurance is called non-economic damages. This is compensation for the subjective issues that arise after an accident, including:
- Pain and suffering
- Loss of enjoyment of life
- Emotional distress
The second type of compensation you can pursue in your car accident claim, regardless of whether you have auto insurance, is called economic damages. These include:
- Past medical expenses
- Future medical expenses
- Lost wages and reduced earning capacity
- Property loss
- Babysitting expenses
While the types of compensation that can be pursued is consistent, every claim is different. While one claim may be strong due to the pain and suffering endured by the injured claimant, another may be entirely reliant on the economic damages due to the claimant having no auto insurance. That is because California’s Proposition 213 requires all drivers to have valid auto insurance when they are involved in an accident, regardless of whether they were at fault. For example, if you are rear-ended but do not have an active auto insurance policy at the time, you will only be able to pursue compensation for your economic damages. That means you will be prevented from recovering compensation for your pain and suffering.
It is important to have quality legal representation in California, as even Proposition 213 has exceptions. Our skilled attorneys actively push claims to these exceptions in order to maximize our clients’ recoveries.