Limitation on Recovery to Felons, Uninsured Motorists, Drunk Drivers.
Summary: Denies all recovery of damages to a convicted felon whose injuries were proximately caused during the commission of the felony or immediate flight therefrom. Denies recovery for noneconomic damages (e.g., pain, suffering, disfigurement) to drunk drivers, if subsequently convicted, and to uninsured motorists who were injured while operating a vehicle. Provides exception when an uninsured motorist is injured by a subsequently convicted drunk driver. With this one exception, provides that insurer is not liable for noneconomic damages.
Fiscal Impact: Probably minor net fiscal impact on state and local government.
A YES vote on this measure means: Uninsured drivers or drivers convicted of driving under the influence of alcohol or drugs at the time of an accident could no longer sue someone who was at fault for the accident for noneconomic losses (such as pain and suffering). Also, a person convicted of a felony could no linger sue for injuries suffered while committing the crime or fleeing from the crime scene if injuries were a result of negligence.
A NO vote on this measure means: Individuals could still sue for injuries that resulted from an accident that occurred while they were breaking certain laws.
The State Ballot Pamphlet, published by the Secretary of State, features the text, fiscal analysis, and pro/con arguments.
Official Contact Information
Proponents: California Insurance Commissioner Chuck Quackenbush
Contact in Support: Rex Frazier
915 L Street, Suite 1050
Sacramento, CA 95814
Fax: (916) 449-2959
Contact in Opposition: Consumers Against No Fault/No on Proposition 213
Contact: Dana Mitchell
Related Web Sites
Support: None available to date. Opposition: Consumers Against No Fault-No on 213 Neutral: None available to date.
This initiative was placed on the ballot through petition of the voters.
Source information for this material is available.
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