Car accidents · California law
What Is Prop 213 in California?
Prop 213 is the California law that stops uninsured drivers and drivers convicted of DUI from recovering pain and suffering after a crash. They can still recover medical bills, lost wages and property damage, and several exceptions keep the full claim alive.
Reviewed by Steven D. Green, Esq. · Updated
Key Takeaways
- Prop 213 bars pain and suffering for three people: the owner of an uninsured vehicle in the crash, a driver who cannot show proof of insurance, and a driver convicted of DUI for the crash.
- Everyone it covers can still recover economic losses, such as medical bills, lost wages and car repairs.
- A passenger who does not own the car is outside the rule and keeps a full claim.
- An uninsured owner hit by a driver who is convicted of DUI for that crash keeps the right to pain and suffering.
- A defect claim against a vehicle manufacturer is outside Prop 213, but claims against a city or a road contractor are not.
- Most injury lawsuits are due within two years, and a claim against a public entity is usually due within six months.
What Prop 213 does
Prop 213 takes away one part of a crash claim for people who broke the insurance or DUI laws. They lose non-economic damages, which pay for pain, suffering, inconvenience, physical impairment and disfigurement. They keep economic damages. The at-fault driver still owes their medical bills, lost income and property damage.
California voters approved Proposition 213, the Personal Responsibility Act of 1996, in November 1996. Its main rule bars non-economic losses in any action arising out of the operation or use of a motor vehicle when the injured person falls into one of three groups Civ. Code 3333.4(a). A liability or uninsured motorist insurer does not have to pay those losses either Civ. Code 3333.4(b).
A second, narrower rule bars all damages in a negligence case for a person convicted of a felony that caused their injuries Civ. Code 3333.3. Both are exceptions to California's at-fault rule, explained in our guide to whether California is a no-fault state.
Who Prop 213 applies to, and who it doesn't
Prop 213 turns on your role in the crash. It covers the owner of an uninsured vehicle involved in the accident, the driver who cannot show financial responsibility, and a driver convicted of DUI for the crash. Passengers who don't own the car, and people outside any vehicle, are not on that list.
| Your situation | Pain and suffering? | Why |
|---|---|---|
| You drove your own uninsured car | Barred | Uninsured owner and operator |
| You rode as a passenger in your own uninsured car | Barred | Owner of an uninsured vehicle involved |
| You rode as a passenger in someone else's uninsured car | Allowed | Not the owner or the operator |
| You drove someone else's car and their policy covers you | Allowed | Your financial responsibility is established |
| You were convicted of DUI for the crash, insured or not | Barred | The DUI rule applies to insured drivers too |
| You owned an uninsured car and the other driver was convicted of DUI | Allowed | The exception in subdivision (c) |
| You were hurt on foot or on a bicycle | Allowed | You were not operating a vehicle that needed insurance |
Sources: Civ. Code 3333.4 and Veh. Code 16021. Every case turns on its facts.
Owners and drivers
The owner rule applies when your vehicle was not insured as the law requires Civ. Code 3333.4(a)(2). The driver rule applies when you cannot establish financial responsibility Civ. Code 3333.4(a)(3). You establish it when a qualifying policy covers you for the vehicle involved Veh. Code 16021(b), which is why borrowing a friend's insured car usually leaves your claim intact.
Passengers, pedestrians and cyclists
A passenger who neither owns nor drives the uninsured car keeps a full claim. So does a person hit on foot or on a bike, a claim our California bicycle accident lawyer page covers.
Uninsured at the time of the crash? You may still have a claim worth pursuing, and the exceptions are easy to miss. Talk to an attorney before you talk to the other driver's insurer. Call (888) 264-3780, answered 24/7.
What you can still recover
If Prop 213 applies, you can still recover every economic loss the crash caused. That means past and future medical bills, lost wages, lost earning capacity and the cost to repair or replace your vehicle. Only the non-economic part of the claim is barred. A serious injury can still mean a substantial economic claim.
Economic losses stay in the claim. Pain and suffering drops out.
Source: Civ. Code 3333.4(a). Figures are a hypothetical illustration, not a prediction for any case.
Pure comparative fault still applies: if you were partly to blame, your economic damages are reduced by your share and never wiped out Li v. Yellow Cab Co. (1975) 13 Cal.3d 804. Our car accident settlement calculator applies Prop 213 when you say you were uninsured. Its result is an illustrative damages calculation, not a valuation of your claim.
Keep every bill and stay in treatment, especially after neck injuries that take months to heal.
Claims beyond the other driver
Prop 213 is not limited to claims against another driver. The California Supreme Court has applied it to claims against a city over a dangerous intersection and against a contractor over an uneven road. A defect claim against the manufacturer of your vehicle is different. Prop 213 does not apply to it.
Public entities and road contractors
Prop 213 limits an uninsured motorist's recovery in suits against public entities for a dangerous condition of property, such as overgrown vegetation hiding an intersection Day v. City of Fontana (2001) 25 Cal.4th 268. The same rule applies to a premises liability claim against a private contractor that controlled the roadway Allen v. Sully-Miller Contracting Co. (2002) 28 Cal.4th 222. Both plaintiffs were uninsured motorcyclists, and both could still recover economic losses. See our California motorcycle accident lawyer page and our premises liability page.
Vehicle defects
A products liability claim against an automobile manufacturer falls outside Prop 213 Hodges v. Superior Court (1999) 21 Cal.4th 109. If a failed airbag, seat belt or brake made your injuries worse, read when a car accident is due to a vehicle defect.
Wrongful death
When an uninsured driver dies, the family can still recover for the loss of that person's care, comfort and society Horwich v. Superior Court (1999) 21 Cal.4th 272. Our California wrongful death lawyer page explains who can bring that claim.
The DUI rules: both directions
A DUI conviction works against the drunk driver and can work for the uninsured victim. A driver convicted of DUI for the crash cannot recover pain and suffering, even with insurance. An uninsured owner hit by a driver convicted of DUI for that crash keeps the right to pain and suffering. Both rules require a conviction.
The DUI bar covers a person convicted under the state's two DUI statutes for driving at the time of the accident Civ. Code 3333.4(a)(1). The exception uses the same test for the other driver Civ. Code 3333.4(c), so an arrest alone is not enough. The exception is written for uninsured owners. If you were driving someone else's uninsured car, ask an attorney how it applies to you.
Proving you were insured
Whether you were insured on the day of the crash decides whether Prop 213 applies at all. Every California driver and owner must be able to show financial responsibility at all times and keep evidence of it in the vehicle. Your insurance card, a binder, or a self-insurance certificate can answer the question.
Evidence of financial responsibility includes a form from an insurance company, a self-insurance or deposit certificate, an insurance binder, or a showing that a public entity owns the vehicle Veh. Code 16020(b). For policies issued or renewed on or after January 1, 2025, the minimum limits are $30,000 per person, $60,000 per accident and $15,000 for property damage Veh. Code 16056(a)(2).
If an adjuster says you were uninsured, ask for that in writing and gather your policy declarations, payment records and any cancellation notice.
Deadlines still apply
Prop 213 does not change the filing deadlines. Most California injury lawsuits must be filed within two years of the crash. If a city, county, state agency or other public entity may share the blame, a written claim is usually due within six months. Missing either date can end the claim.
The two-year limit is CCP 335.1, and the six-month public entity claim deadline is Gov. Code 911.2(a). Enter your crash date in our California Claim Clock to see your dates. Our California car accident lawyer page walks through the rest of the claim, and we take cases in all 58 California counties.
Questions
Prop 213 questions
How does Prop 213 work in California?
Prop 213 limits what some injured people can recover after a crash. If you owned an uninsured vehicle involved in the accident, drove without being able to show proof of insurance, or were convicted of DUI for the crash, you cannot recover pain and suffering (Civil Code section 3333.4). You can still recover medical bills, lost wages and property damage.
Can an uninsured driver sue for pain and suffering in California?
Usually not. Prop 213 bars an uninsured vehicle owner, and a driver who cannot prove financial responsibility, from recovering pain and suffering. There is one exception: an uninsured owner hit by a driver who is convicted of DUI for that crash can recover pain and suffering. A claim against a vehicle manufacturer for a defect is also outside Prop 213.
Does Prop 213 apply to passengers?
Not to most passengers. Prop 213 covers the owner of an uninsured vehicle involved in the crash and the person driving without proof of insurance. A passenger who does not own the car can recover pain and suffering even if the driver was uninsured. A passenger who owns the uninsured car is covered by the rule.
What happens if you don't have uninsured motorist coverage in California?
You can still claim against the at-fault driver, and Prop 213 does not apply to you as long as you carried the required liability insurance. Uninsured motorist coverage is your own protection if the other driver has no insurance. It comes with every California auto liability policy unless the policyholder deleted it in a signed written agreement (Insurance Code section 11580.2).
Can you legally drive without insurance in California?
No. Every driver and every owner of a motor vehicle must be able to show financial responsibility at all times and must carry evidence of it in the vehicle (Vehicle Code section 16020). For most people that means liability insurance of at least 30,000 dollars per person, 60,000 dollars per accident and 15,000 dollars for property damage.
Does Prop 213 apply if the other driver was drunk?
It can matter. If you owned an uninsured vehicle and the driver who hit you was convicted of DUI for that crash, Prop 213 does not bar your pain and suffering (Civil Code section 3333.4, subdivision (c)). The exception needs a conviction, so the outcome of the criminal case matters to your injury claim.
Can the family of an uninsured driver who died bring a wrongful death claim?
Yes. The California Supreme Court held that Prop 213 does not stop a wrongful death plaintiff from recovering for the loss of an uninsured driver's care, comfort and society (Horwich v. Superior Court, 1999). The family's claim is generally due within two years of the death.
Does Prop 213 apply to a claim against a city or county?
Yes. The California Supreme Court applied Prop 213 to an uninsured motorcyclist's claim against public entities for a dangerous condition of public property (Day v. City of Fontana, 2001). A written claim against a city, county or state agency is usually due within six months of the crash.
Sources
- Civil Code section 3333.4 (Proposition 213: non-economic losses).
- Civil Code section 3333.3 (Proposition 213: felony bar).
- California Secretary of State, Proposition 213 text of proposed law (November 1996 ballot pamphlet).
- Hodges v. Superior Court (1999) 21 Cal.4th 109 (products liability claims).
- Horwich v. Superior Court (1999) 21 Cal.4th 272 (wrongful death).
- Day v. City of Fontana (2001) 25 Cal.4th 268 (public entities).
- Allen v. Sully-Miller Contracting Co. (2002) 28 Cal.4th 222 (private contractors).
- Li v. Yellow Cab Co. (1975) 13 Cal.3d 804 (pure comparative fault).
- Vehicle Code section 16020 and section 16021 (financial responsibility).
- Vehicle Code section 16056 (minimum liability limits).
- Insurance Code section 11580.2 (uninsured motorist coverage).
- Code of Civil Procedure section 335.1 and Government Code section 911.2 (deadlines).
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