What Prop 213 does
California voters passed Proposition 213 in 1996. It is now Civil Code 3333.4. In a case arising from the operation or use of a motor vehicle, three groups cannot recover non-economic damages such as pain, suffering, and emotional distress:
- A driver convicted of driving under the influence in connection with the crash
- The owner of a vehicle that was not insured as California law requires
- A driver who cannot establish that they had the required insurance
What you can still recover
Prop 213 does not bar economic damages. An uninsured driver who was hurt by someone else’s negligence can still pursue:
- Past and future medical bills
- Lost wages and lost earning capacity
- Vehicle repair or replacement and other property damage
- Other out-of-pocket costs caused by the crash
For someone with serious injuries and large medical bills, the economic side of a claim can still be substantial.
Still recoverable
- Past and future medical bills
- Lost wages and earning capacity
- Vehicle and property damage
- Other out-of-pocket costs
Barred by Prop 213
- Pain and suffering
- Emotional distress
- Other non-economic damages
- Applies to uninsured owners, drivers without proof of insurance, and DUI-convicted drivers
Exceptions and limits
- Passengers. A passenger who does not own the uninsured car is not affected. An owner riding as a passenger in their own uninsured car is.
- The at-fault driver was convicted of DUI. The statute protects an uninsured owner who is injured by a driver convicted of DUI for that crash.
- Employer-owned vehicles. A California appellate court held that an employee driving an employer’s uninsured vehicle in the course of work is not barred (Montes v. Gibbens, 1999).
- “Operation or use” is read broadly. Courts have applied the rule in situations beyond simply driving, so talk to a lawyer even if you were not behind the wheel.
California’s minimum insurance
Since January 1, 2025, California’s minimum liability limits are $30,000 per person, $60,000 per accident, and $15,000 for property damage. Carrying at least that amount avoids Prop 213.
If the other driver was the uninsured one
Prop 213 does not limit your claim when you were insured and the at-fault driver was not. Your options usually include:
- Your uninsured motorist (UM) coverage. Within two years of the accident you must sue the uninsured driver, reach agreement with your insurer, or formally start arbitration by written notice sent certified mail (Insurance Code 11580.2(i)).
- Other responsible parties. A vehicle owner who let the driver use the car, or an employer if the driver was working.
- Medical payments coverage, if your policy includes it.
Related: talking to the adjuster · car accident representation