Your insurance at the time of the crash
Injured Without Auto Insurance: What to Check
30-second answer
Save proof of what coverage existed when the crash happened. Ask the insurer why it says your claim is limited. No insurance does not always mean no injury claim. Get the records reviewed before signing a release.
Legal information from the Law Office of Arta Wildeboer · Updated
Do this now
- 1Write down the crash date and time. Note who drove and who owned each involved vehicle.
- 2Gather the policy, payment records, and any cancellation or reinstatement notices. Keep the originals unchanged.
- 3Ask the insurer to confirm the coverage dates in writing. Ask which rule it says limits your claim.
- 4Share the full response with your injury lawyer, if represented. Ask about the claim's deadlines before waiting for more answers.
- 5Review the release before signing. Ask which injury claims and losses it would close.
Avoid this
- Do not backdate coverage or hide a lapse.
- Do not assume an old insurance card proves coverage on the crash date.
- Do not assume a DUI arrest is the conviction required for the law's exception.
Save these
- Policy and coverage dates
- Payment, cancellation, and reinstatement records
- Vehicle ownership and permission records
- Written reason for the claim restriction
- Crash report number and available case information
- Medical expenses, lost-income records, and proposed release
Common questions
What can Prop 213 limit?
When it applies, it bars losses such as pain and suffering. It does not itself bar all medical expenses or lost earnings. Payment still depends on the claim's facts and law.
What if I was a passenger?
Tell the lawyer whether you owned an involved vehicle. An owner-passenger can face different rules from a passenger who neither owned nor drove one.
What if the other driver was drunk?
The law has a narrow exception for certain uninsured owners injured by a driver convicted of a specified DUI offense. An accusation alone is not enough. Have the exact facts reviewed.
Can a new policy prove I was covered before?
Not by itself. Keep the true start date. The question is what coverage or other valid proof of financial responsibility existed at the crash.
Want more detail?
Read the full explanation
Hurt Without Auto Insurance? California's Prop 213Official resources
Questions about your situation?
Talk with Arta Wildeboer
A short guide cannot account for every fact. A free consultation can help you understand the next step without pressure.