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If I am in an accident where the other person was at fault, is it the law that their insurance company does not pay for pain and suffering? I was told that they only pay for property damage and medical bills, if the person that their client hit did not have liability insurance at the time of the accident.

It will depend on state laws but in certain states, such as California, this indeed is the law - that if you were driving without insurance you cannot receive money for pain and suffering. California passed Proposition 213 several years ago which states that uninsured motorist and drunk drivers are not entitled to receive compensation for pain and suffering.

California adopted this program known as no-pay/no-play back in 1996. In short, this concept reduces a person’s right to recovery from an auto accident if he or she is uninsured at the time of injury. The premise behind this is that persons who are responsible enough to purchase insurance should not have to subsidize others who violate the law and do not obtain coverage. According to this state’s no pay/no play initiative (Proposition 213), both uninsured drivers and drunk drivers are prohibited from suing for non-economic damages such as pain and suffering.

For more information on this law you can contact the California Department of Insurance. If you live in a different state contact your Department of Motor Vehicles or Department of Insurance to find out what the laws are regarding an uninsured motorist getting settlement money for pain and suffering related to an injury sustained in a car accident.

To get auto insurance so that you will not be caught driving uninsured again, follow this link.

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This car insurance answer was last updated 9:40 AM May-03.
This claims question was asked 10:52 PM Apr-26-2007.
Shayla K requested this car insurance help from CarInsurance.com experts.
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