Here is something many injured drivers do not expect: even when someone else causes a crash, being uninsured can limit what you may recover under California Prop 213.

That does not necessarily mean you have no car accident claim. You may still recover certain losses, and important exceptions can change how the law applies. Before assuming you have no options, contact Berg Injury Lawyers for a free consultation.

What Is California Proposition 213?

California Proposition 213, known as the Personal Responsibility Act of 1996, was approved by voters and added Sections 3333.3 and 3333.4 to the California Civil Code.

In simple terms, the law limits certain damages that uninsured drivers and people in a few other categories can recover after a crash.

Economic vs. Non-Economic Damages: What You Can and Cannot Recover

For an uninsured driver covered by Prop 213, the biggest distinction is between economic and non-economic damages.

Prop 213 prevents recovery of non-economic damages, such as pain and suffering, emotional distress, and loss of enjoyment of life. However, you may still be entitled to recover economic damages, including:

  • Medical Expenses: The cost of care you receive for injuries caused by the collision
  • Lost Wages: Income lost because your injuries kept you from working
  • Loss of Earning Capacity: Reduced ability to earn income because of lasting injuries
  • Property Damage: Costs associated with repairing or replacing damaged property

Who Does Prop 213 Apply To?

Prop 213 can limit an injured person’s recovery when they owned an uninsured vehicle involved in the accident. It can also apply when someone was operating a vehicle without being able to establish the financial responsibility required by California law, even if another party caused the crash.

The law also restricts non-economic damages for certain drivers convicted of DUI and can bar recovery when a person is injured while committing or immediately fleeing a felony for which they are later convicted.

Because the statute contains specific requirements, being uninsured does not automatically mean Prop 213 applies.

Key Exceptions to Prop 213 in California

Several circumstances can affect whether Prop 213 limits an accident claim:

  • Passengers: Riding in an uninsured vehicle does not prevent a passenger who does not own it from recovering non-economic damages.
  • Crashes Caused by a DUI Driver: An uninsured vehicle owner may still recover non-economic damages if the driver who caused the crash is convicted of DUI in connection with the accident.
  • Employer-Owned Vehicles: An employee driving a vehicle owned by their employer may not be subject to the same restriction as someone driving their own uninsured vehicle.
  • Borrowed Vehicles and Other Coverage: If you borrow someone else’s vehicle with permission, your insurance or the vehicle owner’s coverage may satisfy California’s insurance requirements.
  • Minors and People Who Were Not Operating the Vehicle: A person’s age, vehicle ownership, and role in the accident can affect whether Prop 213 applies.

These exceptions are one reason it may be worth having an experienced attorney review the circumstances before accepting an insurer’s decision.

Can an Uninsured Driver Still Recover Medical Expenses?

Yes. Even when California Prop 213 applies, an uninsured driver may still be entitled to recover economic damages from the person responsible for the crash.

Bills and treatment records can help document healthcare costs, while wage records can show lost income. Losing the ability to seek pain and suffering damages does not necessarily eliminate compensation for financial losses.

How Prop 213 Affects Motorcycle Accident Claims

Prop 213 can also affect uninsured motorcycle owners injured in California crashes. The same basic rules concerning economic and non-economic damages apply to motorcycle accident claims.

Because motorcycle crashes can result in serious injuries, losing non-economic damages can have a substantial effect on a claim. An experienced lawyer can review whether an exception may preserve additional damages.

Proving You Had Coverage and Challenging a Denial

Vehicle ownership, existing policies, borrowed vehicles, and the terms of available coverage can all affect whether Prop 213 applies. For example, a policy covering the driver or permissive use of another person’s vehicle may affect whether financial responsibility requirements were satisfied.

If an insurance company says Prop 213 prevents you from recovering damages, you do not have to assume its interpretation is correct. A car accident attorney can review the policies, ownership information, and circumstances surrounding the crash to determine what coverage and damages may still be available.

How Berg Injury Lawyers Can Help After an Uninsured-Driver Crash

For over 45 years, Berg Injury Lawyers has represented injured people throughout Northern California and the Central Valley, including communities in the East Bay, San Francisco, Sacramento, and Modesto.

Our team can investigate the accident, review available coverage, evaluate whether a Prop 213 exception applies, and pursue damages that may remain available. We can also look beyond an insurer’s initial denial for another potential path to recovery.

Injured in a California Crash? Talk to Berg Injury Lawyers Today

Driving without insurance does not necessarily mean you should give up on your car accident claim. Contact Berg Injury Lawyers for a free consultation to learn how California Prop 213 may affect your options for compensation.

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