Understanding California Prop 213. If you’ve been injured in a car accident in California, your right to compensation depends on more than just who was at fault. One law that can drastically impact how much money you receive — or whether you can receive compensation at all — is Proposition 213, also known as California Civil Code Section 3333.4.
This law can come as a shock to many accident victims, especially those who were not at fault. Understanding how Prop 213 works is crucial to protecting your rights and avoiding mistakes that could limit your recovery after a crash.
California Proposition 213 compensation rights was passed by California voters in 1996 with the intent of preventing uninsured or certain at-fault drivers from collecting non-economic damages (such as pain and suffering) after a car accident.
Essentially, Prop 213 restricts your right to recover certain types of compensation if you were driving without proper insurance, even if another driver caused the crash.
Prop 213 applies to the following categories of drivers and passengers:
While Prop 213 limits non-economic damages, it does not prevent you from recovering economic damages. This means you can still pursue:
So, even if you are uninsured, you can still recover financial losses — but you will not be compensated for your pain, suffering, or emotional trauma resulting from the crash.
Let’s look at a few examples to better understand the law in action:
You’re driving home when another driver runs a red light and crashes into you. You suffer a broken arm and thousands in medical bills.
You’re a passenger in your friend’s uninsured car when another driver causes a collision.
If you are insured and are hit by a drunk driver, Prop 213 does not limit your recovery — you can pursue both economic and non-economic damages.
When Prop 213 was passed, supporters argued that it encouraged drivers to maintain proper insurance coverage and helped keep auto insurance costs lower for law-abiding motorists.
However, critics argue that the law unfairly punishes uninsured drivers who may already be struggling financially — especially when they are not at fault for the accident.
The best way to avoid being affected by Proposition 213 is simple:
Maintain valid auto insurance at all times.
Ensure that your insurance meets California’s minimum liability coverage requirements:
Additionally, make sure your policy is active and up to date. If your coverage lapses even for a few days, and you get into an accident, Prop 213 could bar you from receiving full compensation.
Even if Prop 213 applies to your case, there are often exceptions and legal strategies that may help you recover more than you think. For example, if you were driving someone else’s uninsured vehicle but you had your own valid insurance policy, you might still be eligible for full damages.
An experienced California personal injury attorney can evaluate your case, determine whether Prop 213 applies, and help maximize your recovery.
At Colvin Accident Lawyers, we understand how frustrating and confusing California’s insurance laws can be — especially when you’ve been hurt in a crash that wasn’t your fault. Our team has over 15 years of experience fighting for injured Californians, and we’ll work to ensure you get every dollar you’re entitled to.
Non-economic damages compensate you for intangible losses such as pain and suffering, emotional distress, and loss of enjoyment of life. Under Prop 213, uninsured drivers are not entitled to these types of damages.
No. Passengers are generally not affected by Proposition 213, even if the driver or vehicle owner was uninsured.
If your insurance lapsed or expired — even briefly — and you were involved in an accident during that period, you may still be considered uninsured under Prop 213. It’s important to keep your coverage continuous.
If the car’s owner was uninsured but you had your own valid insurance policy, you may still be able to recover full damages. Every situation is different, so it’s best to consult with a lawyer.
Yes. You can still file a lawsuit to recover economic damages like medical bills and lost wages — just not pain and suffering.
Generally, Prop 213 does not apply to wrongful death claims filed by surviving family members, since the decedent’s insurance status does not affect the rights of their heirs.
Proposition 213 is one of California’s most misunderstood laws — and it can have serious consequences for accident victims who are unaware of its impact. Even if you were not at fault, being uninsured can significantly limit your recovery.
If you’ve been involved in a car accident and are unsure whether Prop 213 applies to your case, contact Colvin Accident Lawyers today at 866-GO-COLVIN or visit GoColvin.com. Our team is here to review your case for free and help you understand your rights.
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