Auto Insurance Forum

In December I was hit almost head-on by a woman who ran a red light. My car was totaled. She was cited for two violations. My insurance company has denied my claim stating that I was not covered. Can I now file a claim against the other driver's insurance company for my personal injuries? The property damage claim also has not been resolved. We have an attorney, but he says we now fall under Proposition 213. Can you help?

Lisa, California

Dear Lisa,

Under the following definition from the California Department of Insurance you should still be able to recover payment for medical bills and car repairs, but you will not be allowed to sue for pain and suffering: "Proposition 213 bars uninsured motorists, drunk drivers and fleeing felons from suing for pain and suffering damages when injured in an auto accident. Uninsured motorists, drunk drivers and fleeing felons will still be able to sue for financial losses, such as medical bills, wages and vehicle damages."

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