unlicensed driver

Proposition 213: Unlicensed Permissive Users

By on August 2, 2012 - Comments off

Landeros v. Torres, (Fifth District, May 24, 2012) — Cal.Rptr.3d —-, 2012 WL 1869682

A woman who suffered severe brain damage when she was involved in an automobile collision, filed an action for personal injuries against the drunk driver who had collided with her vehicle. Prior to trial the defendant moved under Civil Code § 3333.4 to exclude any evidence of noneconomic damages, on the grounds that the plaintiff was an unlicensed driver who was operating her father’s vehicle at the time of the accident. The defendant argued that the plaintiff had never obtained any insurance on her own behalf, had never taken any driver training courses, and did not qualify for insurance.

The trial court denied the motion, holding that because the plaintiff was a permissive user under her father’s policy, § 3333.4 did not apply. The court of appeal affirmed a jury verdict in favor of the plaintiff, rejecting the argument that the plaintiff’s unlicensed status prevented her from recovering noneconomic losses: Read the rest »