What Is Prop 213 — And How Can It Affect Your Personal Injury Case in California?
If you’ve been injured in a car accident in California, one of the first questions an attorney will ask is: Were you insured at the time of the crash? That question matters because of Proposition 213 — a California law that can dramatically reduce what you're allowed to recover if you were driving without insurance.
Whether you were the driver or a passenger, it’s important to understand how Prop 213 works and whether it applies to your case.
What Is Proposition 213?
Proposition 213, passed by California voters in 1996, limits the types of damages certain drivers can recover in a personal injury lawsuit after a car accident.
In simple terms:
If you were driving without valid auto insurance at the time of the crash, and someone else caused the accident, you can still recover economic damages (like medical bills and lost wages), but you’re barred from recovering non-economic damages, such as pain and suffering.
This law was intended to encourage compliance with California’s insurance laws — but in practice, it can unfairly hurt victims who were otherwise not at fault.
How Prop 213 Affects Uninsured Drivers
If you were driving without valid liability insurance at the time of the crash — even if the other driver was clearly at fault — Prop 213 applies to your case.
That means:
- You can recover:
- Medical expenses
- Lost income
- Out-of-pocket costs
- But you cannot recover:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
This can make a significant difference in your overall compensation — especially in cases involving long-term injuries, chronic pain, or psychological trauma.
Important Exceptions to Prop 213
Not every uninsured driver is affected by Prop 213. There are several key exceptions:
- If the at-fault driver was convicted of DUI
You can still recover full damages, including pain and suffering. - If you were driving someone else’s insured vehicle
You may be covered by the vehicle owner’s policy, and Prop 213 may not apply. - If you were on the job
If you were driving for work and covered under your employer’s policy, Prop 213 usually does not apply.
A personal injury lawyer can help determine whether any of these exceptions apply to your case — and whether full compensation may still be available.
What If You Were a Passenger in the Vehicle?
Good news: Prop 213 does not apply to passengers.
Even if the driver of the car you were in was uninsured, you — as a passenger — are still entitled to pursue full compensation, including:
- Medical bills
- Lost income
- Pain and suffering
- Emotional trauma
- Future treatment needs
This holds true whether the at-fault driver was in your car or another vehicle. As long as you were not the uninsured driver, your right to recover full damages remains protected under California law.
Why It’s Critical to Tell Your Lawyer the Truth About Insurance
If you were uninsured at the time of the crash, it’s important to be upfront with your attorney from the start. A good personal injury lawyer won’t judge you — but they need accurate information to evaluate how Prop 213 may affect your case.
Failing to disclose that you were uninsured could result in:
- Wasted time and resources
- A miscalculated settlement demand
- Delays in negotiations
- Lower overall compensation
Your attorney can explore any exceptions and fight to maximize what you're entitled to under the law — but only if they have all the facts.
Don’t Let Prop 213 Catch You Off Guard — Get Answers Now
Proposition 213 is a harsh law — but it doesn’t always apply, and there may still be ways to recover meaningful compensation even if you were uninsured.
If you’ve been injured in a car accident and are worried about how Prop 213 might impact your claim, don’t guess — get legal advice.
Call Lawyer Gigi today for a free consultation.
We’ll walk you through your rights, explain whether Prop 213 affects your case, and help you fight for the recovery you deserve — whether you were the driver or the passenger.
