California Proposition 213: What It Is and How It Affects Your Case

California’s Proposition 213 generally prevents uninsured drivers from collecting non-economic damages (pain and suffering, emotional distress, disfigurement) after a crash. Yet the law itself—and related statutes—create important exceptions that preserve full recovery rights in certain scenarios. Below, we break down every major carve-out so you know when you can seek complete compensation, even without insurance.

Understanding Prop 213’s Core Rule

Prop 213 amends California Insurance Code § 11580.2 to bar non-economic damages to any driver or vehicle owner lacking liability coverage at the time of the collision. Uninsured motorists still recover economic losses (medical bills, wage loss, property repair), but they forfeit pain-and-suffering awards—unless an exception applies.

1. Passenger Exception

Anyone riding as a passenger in an uninsured vehicle may pursue all damages, including pain and suffering. Because passengers don’t control the vehicle’s insurance, the bar in Prop 213 does not apply.

Key point: Seat-belted or unbelted, front-seat or back-seat—if you didn’t own or drive the uninsured vehicle, you can recover non-economic damages in full.

2. Non-Owned Vehicle Exception

Slip and fall incidents often cause more than just bruises. These accidents can If you personally carry your own auto liability insurance but drive someone else’s uninsured car, you are treated as “insured” for non-economic purposes. Your existing policy steps in to cover pain and suffering, shielding you from Prop 213’s limitation.

Illustration: Borrow your brother’s uninsured truck on the weekend—your personal policy makes you eligible for non-economic damages if you’re hurt.

3. Employer-Vehicle Exception

Employees hurt while driving a company-owned vehicle that lacks coverage can still recover non-economic damages. California’s courts recognize that it’s unfair to penalize workers for an employer’s lapse in insurance.

Tip: Keep pay stubs and a copy of the vehicle registration in your name to prove this exception.

4. Government Vehicle Exemption

Crashes involving federal, state, or local government vehicles are governed by separate public-entity claims processes—not Prop 213. Injured claimants may pursue full damages, including non-economic, under the Government Claims Act.

5. Criminal-Conviction Exception

When the at-fault driver is convicted of certain offenses—such as DUI (Vehicle Code § 23153), hit-and-run with injury (VC 20001), vehicular manslaughter, or felony evasion—Prop 213 does not apply. The conviction effectively “undoes” the bar on non-economic awards.

Why it matters: A DUI conviction turns an otherwise barred claim into a full-recovery case for pain, suffering, and beyond.

6. Off-Road and Private-Property Collisions

Prop 213 targets “automobile collisions” on public roadways. Accidents on private property—parking lots, driveways, private roadways—fall outside its scope. If you’re injured in an uninsured car crash off the public highway, you can still seek non-economic damages.

Need guidance on your uninsured-motorist claim?

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If we don’t win, you owe us nothing. That’s our promise. Let us handle the legal work while you focus on recovery. Reach out today to book your free consultation and learn how we can fight for the compensation you deserve.