California Prop 213

California Prop 213: Can You Recover If You Were Uninsured?

Proposition 213, the Personal Responsibility Act of 1996, was approved by California voters on November 5, 1996. It is codified in California Civil Code section 3333.4.

What Prop 213 Does

In a car accident claim, Prop 213 bars recovery of non-economic damages (pain and suffering, emotional distress, inconvenience, disfigurement) if the injured person:

• owned a vehicle involved in the accident and it was not insured as California law requires;
• was driving a vehicle involved in the accident and cannot show proof of financial responsibility (insurance); or
• was convicted of DUI for driving at the time of the accident.

What You Can Still Recover

Prop 213 does not bar economic damages. Even if it applies to you, you may still recover medical bills, future medical care, lost wages and lost earning capacity, and vehicle and property damage.

Important Exceptions

• Hit by a drunk driver. If you were an uninsured vehicle owner and the driver who hit you is convicted of DUI for that accident, Prop 213 does not bar your pain-and-suffering claim (Civil Code § 3333.4(c)).
• Passengers. Prop 213 applies to an uninsured owner or driver. Passengers who did not own the vehicle are generally not affected.
• Other situations. Who owned the car, whose insurance applies, and where the accident happened can all change the answer. Don’t assume you have no claim.

Should I Call a Lawyer If I Was Uninsured?

Yes. Insurance companies often raise Prop 213 to deny pain-and-suffering damages even when it may not apply. A free consultation will tell you which damages you can pursue. Call (818) 468-8386 to speak with attorney Andre Ghazarian.

This page provides general information, not legal advice.