California Proposition 213, codified at Civil Code Section 3333.4, bars uninsured drivers, drunk drivers, and certain convicted felons from recovering non-economic damages after a car accident, even when another driver caused the crash. If your vehicle lacked the required liability insurance at the time of the collision, you lose the right to compensation for pain, suffering, and similar harms. With roughly one in five California drivers estimated to be uninsured, the law reaches a large share of people on the road.
What Prop 213 Takes Away
The restriction is narrow in category but sweeping in effect. If you were driving or owned an uninsured vehicle at the time of a crash, you cannot recover non-economic damages from the at-fault driver. Non-economic damages cover the harms that don’t come with a receipt: pain and suffering, emotional distress, physical disfigurement, inconvenience, and loss of consortium with a spouse or partner.1CA Secretary of State – Vote96. Text of Proposition 213
Fault is irrelevant to the bar. You could be stopped at a red light when a distracted driver rear-ends you, and Prop 213 still strips away your non-economic damages claim if your car wasn’t properly insured. The typical assumption is that the person who caused the wreck bears full responsibility. Prop 213 treats your insurance status as a separate qualifying condition for certain categories of recovery.
The statute also blocks your own insurance company from paying non-economic losses under an uninsured motorist policy if you fall into a restricted category.1CA Secretary of State – Vote96. Text of Proposition 213 Carrying uninsured motorist coverage while letting your liability policy lapse does not get you around the restriction.
What Uninsured Drivers Can Still Recover
Prop 213 does not erase an entire claim. Uninsured drivers can still pursue economic damages: medical expenses, lost wages, and property damage such as vehicle repair costs.2Legislative Analyst’s Office. Proposition 213 – Limitation on Recovery to Felons, Uninsured Motorists, Drunk Drivers If another driver runs a stop sign and totals your car, you can sue for the cost of replacing the vehicle, your hospital bills, and any income you missed while recovering.
Punitive damages also remain available. In Nakamura v. Superior Court (2000), the California Court of Appeal held that punitive damages are a different category from the “non-economic” and “nonpecuniary” damages referenced in the statute, and Prop 213 does not prevent uninsured drivers from pursuing them.3Justia Law. Nakamura v Superior Court (Orona) (2000) Punitive damages require proof that the at-fault driver acted with malice, oppression, or fraud, so they surface in egregious situations like road rage or extreme recklessness rather than ordinary negligence.
Who the Law Catches
To stay outside Prop 213’s reach, your vehicle must meet California’s financial responsibility requirements. As of January 1, 2025, the minimum liability limits for private passenger vehicles are:
- $30,000 for bodily injury or death of one person per accident
- $60,000 for bodily injury or death of two or more people per accident
- $15,000 for property damage per accident
These 30/60/15 limits doubled from the previous 15/30/5 minimums under changes to Vehicle Code Section 16056 that took effect in 2025.4California Legislative Information. California Vehicle Code 16056 The California DMV confirms these as the current requirements.5California DMV. Auto Insurance Requirements
The statute treats owners and operators separately. Under subdivision (a)(2), the restriction applies if you owned the vehicle and it lacked insurance. Under subdivision (a)(3), it applies if you were operating a vehicle and cannot prove financial responsibility.1CA Secretary of State – Vote96. Text of Proposition 213 Borrowing someone else’s uninsured car can still trigger the bar if you can’t independently establish that you meet the financial responsibility requirement.
Exceptions That Restore Non-Economic Damages
Prop 213 has several exceptions, and each one can be the difference between partial and full recovery.
Passengers in an Uninsured Vehicle
If you were a passenger and did not own the uninsured vehicle, Prop 213 does not apply to you. You can pursue both economic and non-economic damages from the at-fault driver. The law penalizes the decision to drive or own a car without insurance, not the decision to accept a ride in one.2Legislative Analyst’s Office. Proposition 213 – Limitation on Recovery to Felons, Uninsured Motorists, Drunk Drivers
At-Fault Driver Convicted of DUI
Subdivision (c) of Civil Code Section 3333.4 carves out an exception when the at-fault driver was convicted of driving under the influence. In that scenario, an uninsured vehicle owner injured in the crash can recover full non-economic damages despite lacking insurance.6California Legislative Information. California Code, Civil Code – CIV 3333.4 The at-fault driver must actually be convicted of the DUI offense for this exception to kick in. A DUI arrest that gets dismissed or reduced to a lesser charge may not qualify.
Wrongful Death Claims
If an uninsured driver dies in a crash caused by someone else, Prop 213 does not block surviving family members from recovering non-economic damages in a wrongful death lawsuit. The California Supreme Court settled this in Horwich v. Superior Court (1999), reasoning that the statute restricts the injured person’s own claim, not the independent rights of heirs who sue for loss of care, comfort, and society.7Justia Law. Horwich v Superior Court (Acuna) (1999)
The Felony Bar Goes Further
Prop 213 imposes a stricter rule on people injured while committing a felony. If you were hurt during the commission of a felony, or while fleeing from one, and you were convicted of that felony, you lose the right to recover any damages at all from the accident, not just non-economic losses.1CA Secretary of State – Vote96. Text of Proposition 213 This is a complete bar, and it applies regardless of insurance status.
One narrow carveout exists: convicted felons can still sue for injuries caused by excessive force during an arrest, even when those injuries occurred during or immediately after the crime.2Legislative Analyst’s Office. Proposition 213 – Limitation on Recovery to Felons, Uninsured Motorists, Drunk Drivers
How to Stay Out of Prop 213’s Reach
The simplest protection is keeping at least the 30/60/15 minimum liability coverage on every vehicle you own or regularly drive.5California DMV. Auto Insurance Requirements For drivers who struggle with the cost, California offers the Low Cost Automobile Insurance Program, established under Insurance Code Section 11629.7, which provides liability coverage at reduced rates for income-eligible residents.8California Department of Insurance. California’s Low Cost Auto Insurance Program Information and enrollment are available at mylowcostauto.com or by calling 1-866-602-8861.
Watch the gaps. A policy lapse of even a single day can trigger Prop 213 if you happen to be in an accident during that window. Letting a payment slip and renewing a week later creates exactly the exposure the statute was designed to penalize. If cost is the issue, switching carriers or enrolling in the state program beats going without, because the difference between minimum coverage and no coverage under Prop 213 is substantial.