If you were injured in a car accident in California, you may assume that you can recover full compensation for your damages. However, if you were driving without proper insurance, California’s Proposition 213 (“Prop 213”) may significantly limit your recovery. Prop 213 was designed to penalize uninsured drivers, drunk drivers, and certain felons, even if the accident was not their fault.
What Does Proposition 213 Say?
California Civil Code § 3333.4, enacted under Prop 213, restricts uninsured motorists from recovering non-economic damages after an auto accident. Non-economic damages include pain and suffering, emotional distress, and loss of enjoyment of life.
In other words, if you are an uninsured driver injured in an accident caused by someone else, you can still recover economic damages such as medical bills and lost wages, but you cannot recover for pain and suffering.
Who Is Affected by Prop 213?
Prop 213 applies in three main scenarios:
• Uninsured Drivers: If you do not carry liability insurance at the time of the accident, you cannot recover non-economic damages (Civil Code § 3333.4(a)(2)).
• Drunk Drivers: If you were convicted of DUI in connection with the accident, you are barred from recovering non-economic damages (Civil Code § 3333.4(a)(1)).
• Felons Injured During the Commission of a Felony: If you were committing a felony at the time of the accident, you cannot recover non-economic damages (Civil Code § 3333.4(a)(3)).
Are There Any Exceptions to Prop 213?
Yes. There are limited circumstances where Prop 213 does not apply:
• Passengers: Passengers of uninsured drivers are not barred from recovering non-economic damages.
• Employers: If the vehicle is owned and insured by an employer, an employee driving it may not be subject to Prop 213.
• Wrongful Death Claims: Courts have generally allowed surviving family members to pursue wrongful death damages, even if the deceased was an uninsured driver.
The Practical Impact of Prop 213
The loss of non-economic damages can dramatically reduce the overall value of a California personal injury case. Pain and suffering awards often represent the largest portion of settlements and verdicts, especially when injuries cause long-term physical limitations or emotional trauma.
For instance, a car accident victim with $50,000 in medical expenses and permanent back pain could have a case worth $300,000 or more if insured, reflecting compensation for pain, loss of mobility, and diminished quality of life. Under Proposition 213, that same victim, if uninsured, would be limited to the $50,000 in economic damages, regardless of how severely their life has changed.
This restriction doesn’t just lower the case value, it shifts the financial burden of recovery onto injured Californians who can least afford it. Victims often face crippling medical debt, limited earning capacity, and emotional suffering with no recourse for full compensation. The result is a system where accountability is uneven, and uninsured victims are left paying for harm they didn’t cause.
Real-World Impact of Prop 213
To truly understand Proposition 213’s consequences, imagine two Californians involved in the same devastating crash. Both suffer identical injuries, both miss months of work, and both experience constant pain and anxiety about their future.
- The insured driver can recover both economic damages (medical bills, lost wages) and non-economic damages (pain and suffering, emotional distress, loss of enjoyment of life). Their total compensation may reach hundreds of thousands of dollars — enough to cover treatment, therapy, and the financial strain of their recovery.
- The uninsured driver, by contrast, is restricted under Prop 213. Even though they were not at fault, they can only claim economic damages, leaving them with a fraction of what they need to rebuild their life.
This disparity highlights one of the most controversial effects of Prop 213: it punishes victims not for negligence, but for their insurance status. For many hardworking Californians, especially those living paycheck to paycheck, a lapse in coverage can mean losing the right to be made whole after a serious injury.
Practical Takeaway
Proposition 213 is a powerful reminder that carrying insurance isn’t just about legal compliance, it protects your right to full recovery. If you were injured while uninsured, there may still be legal strategies or exceptions that apply to your case.
Call The Injury Partners at 310-220-0066 for a free consultation. Our California personal injury lawyers will evaluate your case, identify all possible recovery options, and fight to secure every dollar you deserve.