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Prop 213 seems to be spreading

October 16, 2005 by Jonathan Stein

I guess before I tell you about how Prop 213 is spreading, I should explain Prop 213 to you. Basically, if you do not have insurance on your vehicle when you are involved in an accident, you are only allowed to recover economic damages. You cannot recover non-economic damages, commonly called pain and suffering. (There is a good discussion of types of damages from Nolo Press.) So, Prop 213 limits the recovery of people who do not have insurance when they are involved in an accident.

Oregon has their own version of Prop 213. And now it may be moving to Florida. Even a plaintiff’s firm suggests that Florida should adopt this method for increasing the number of insured drivers.

My view is that this will not increase the number of people who are uninsured. Some people are uninsured because they cannot afford insurance. These people will not get insurance until the insurance companies make it more affordable. Other people end up with lapses in coverage and do not understand the implications of lapsed coverage. Those people need to be able to get access to people who can help them understand insurance.

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