Exceptions to Proposition 213

Prop 213 in California: What It Means and the Exceptions That Could Help Your Case

California’s Proposition 213 was passed to encourage responsible driving and reduce insurance costs by limiting what uninsured drivers can recover after a car accident — even if the crash wasn’t their fault. Prop 213 was strongly backed by law enforcement groups and safety organizations like Mothers Against Drunk Driving. The goal was to hold uninsured drivers accountable and reduce costs for insured, law-abiding drivers. While the intent was to encourage more people to buy insurance, critics argue it disproportionately hurts low-income drivers and those who miss a payment unintentionally — punishing them even when someone else caused the accident.

If you were driving without insurance at the time of an accident, Prop 213 may prevent you from recovering non-economic damages, such as pain and suffering, emotional distress, or loss of enjoyment of life. However, you can still pursue economic damages like:

• Medical bills
• Lost income
• Property damage

But this law isn’t absolute — and several key exceptions can allow uninsured individuals to still recover full compensation, including for pain and suffering.

Exceptions to Prop 213: When You Can Still Recover Pain and Suffering

If any of the following situations apply to your case, Prop 213 may not limit your right to recover non-economic damages:

1. You Were a Passenger

Prop 213 only applies to uninsured drivers. If you were a passenger in an uninsured car, you are not penalized and can recover pain and suffering damages like any other injury victim.

2. The Other Driver Was Convicted of DUI

If the at-fault driver was under the influence of drugs or alcohol and was convicted of a DUI, you may still be eligible to recover full compensation — even if you didn’t have insurance.

3. The Accident Happened on Private Property

Prop 213 applies only to public roads. If your accident occurred in a private driveway, parking lot, or gated community, the law may not apply, and you could pursue full damages.

4. You Were Driving a Work Vehicle

If you were driving your employer’s vehicle and your employer failed to insure it, you won’t be penalized. You may still qualify for pain and suffering damages as long as you were acting within the scope of your job.

5. You’re Insured on Another Vehicle

If you hold a valid auto insurance policy — just not for the vehicle you were driving at the time — you may still be considered “insured” under the law. For example, if you’re borrowing a car and your personal policy is active, Prop 213 may not apply to you.

6. Wrongful Death Claims

If an uninsured driver dies in a crash caused by someone else, their surviving family members may still bring a wrongful death claim — including non-economic damages for loss of care, companionship, and emotional support.

7. Defective Vehicle or Product Liability

If your injuries were made worse by a vehicle defect — such as a faulty airbag or seatbelt — you may still sue the manufacturer for non-economic damages, even if you were uninsured.

8. Hazardous Road Conditions

In rare cases, dangerous road conditions (like large potholes, missing signage, or poor grading) can create an exception to Prop 213. While these cases can be more complex, a personal injury attorney can assess if you have a valid claim.

The Bottom Line

While Proposition 213 can limit what you’re able to recover, don’t assume you’re out of options just because you didn’t have insurance. These exceptions are real and may apply to your case — but they can be difficult to identify without legal experience.

Injured Without Insurance? Talk to a Lawyer First.

At C&B Law Group, we’ve helped countless accident victims maximize their compensation — even in tough situations involving Prop 213. Our team will review your case for free and let you know if an exception applies.

Don’t leave money on the table. Contact us today to schedule your free consultation and protect your rights.