Overview

Proposition 213, codified at Civil Code section 3333.4, is one of the most consequential -- and frequently misunderstood -- statutes in California PI practice. Approved by voters in 1996, it bars recovery of non-economic damages for plaintiffs who were uninsured at the time of an accident or who were convicted of DUI. Understanding its nuances is essential for accurate case evaluation from intake.

Key takeaway
Proposition 213 does not bar the entire claim. It only bars non-economic damages (pain and suffering, emotional distress, loss of enjoyment of life). Economic damages (medical bills, lost wages, property damage) remain fully recoverable. Identify this issue at intake -- the difference can be hundreds of thousands of dollars.

The Uninsured Motorist Bar: Section 3333.4(a)

Prop 213 bars non-economic damages for three categories of uninsured plaintiffs:

Category 1: The plaintiff was the owner of a vehicle involved in the accident, and that vehicle was uninsured -- regardless of who was driving.

Category 2: The plaintiff was driving an uninsured vehicle and knew or should have known it was uninsured.

Category 3: The plaintiff owned any uninsured vehicle at the time of the accident, even one not involved. A plaintiff injured as a pedestrian who owns an uninsured car in the garage is barred.

Category 3 trap
Category 3 catches many plaintiffs by surprise. At intake, always ask: "Do you own any vehicles? Are all of them currently insured?" A plaintiff injured as a pedestrian who happens to own an uninsured vehicle is barred from non-economic damages.
Coverage TypeCA Minimum
Bodily injury per person$15,000
Bodily injury per accident$30,000
Property damage per accident$5,000

Worried Prop 213 applies to your case? Talk to a California injury attorney now. Call (424) 353-4624 or text us. Free. Confidential. No obligation.

The DUI Bar: Section 3333.4(b)

Prop 213(b) bars non-economic damages for a person convicted of DUI (Vehicle Code 23152 or 23153) in connection with the accident. An arrest or charge alone is insufficient -- an actual conviction is required. A plea to wet reckless (Vehicle Code 23103.5) does not trigger the bar.

Exceptions to Proposition 213

Prop 213 does not bar non-economic damages in UM/UIM claims (first-party insurance claims), breach of contract actions, or claims not arising from motor vehicle operation. A pedestrian or bicyclist who does not own any motor vehicle is not subject to Prop 213. A passenger who does not own any uninsured vehicle is also not barred.

Interaction with UM/UIM Coverage

When Prop 213 applies, UM/UIM coverage becomes critical. UM/UIM claims are contractual claims against the plaintiff's own insurer -- Prop 213 does not apply. The strategy shifts to maximizing the UM/UIM claim for full damages (including non-economic) while pursuing the at-fault party for economic damages only.

Prop 213 decision tree
Is the plaintiff barred from non-economic damages?
Client injured in MV accident
Is client insured? All owned vehicles insured?
Full tort claim — economic + non-economic
Does client own ANY uninsured vehicle?
Prop 213 bars non-economic in tort claim
Prop 213 does not apply
Evaluate full case value
Pursue UM/UIM for full damages including non-economic
Full tort claim available

← Scroll sideways to view the full tree →

Case Evaluation Impact

Prop 213 can reduce case value by 50-80% or more. In a case with $50,000 in medical specials and $200,000 in potential non-economic damages: with insurance, case value is approximately $250,000; without insurance (Prop 213 applies), value drops to approximately $50,000 in economic damages only. Screen at intake immediately.

Litigation Strategies

Prop 213 is an affirmative defense -- the defendant bears the burden of proof. Challenge by disputing insurance status, arguing the knowledge defense (Category 2), disputing ownership (Category 3), and maximizing economic damages through thorough documentation of medical treatment, future medical costs, lost wages, and out-of-pocket expenses.

Uninsured at the time of your accident? You still have options. Call (424) 353-4624 or text us for a free case review.

Cross-References

Common Questions

Does Proposition 213 eliminate my entire case?
No. Proposition 213 only bars non-economic damages -- pain and suffering, emotional distress, loss of enjoyment of life. Your economic damages -- medical bills, lost wages, property damage, and future medical costs -- remain fully recoverable regardless of your insurance status. However, losing non-economic damages can reduce case value by 50-80% depending on the ratio of economic to non-economic damages.
I was a pedestrian but I own an uninsured car. Does Prop 213 apply?
Yes. Category 3 of Prop 213 bars non-economic damages for any plaintiff who owned an uninsured vehicle at the time of the accident, even if that vehicle was not involved. A pedestrian who owns an uninsured car sitting in the garage is barred. This is the most common Prop 213 trap and must be screened at intake.
Can I still get full damages through my own UM/UIM insurance?
Yes. Prop 213 applies only to tort claims against third parties. It does not bar non-economic damages in UM/UIM claims against your own insurer because those are contractual first-party claims, not tort claims arising from vehicle operation. When Prop 213 applies, UM/UIM coverage becomes the most important source of full compensation.
My insurance lapsed one day before the accident. Does Prop 213 apply?
Yes. The vehicle must be insured at the time of the accident. Even a one-day lapse triggers the bar. At intake, always verify insurance was in effect on the exact date of the accident by obtaining the declarations page -- not just a verbal confirmation.

Sources & Citations

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Local Resources

  1. California Civil Code § 3333.4. Proposition 213: bars non-economic damages for uninsured owners/drivers and DUI-convicted plaintiffs.
  2. California Vehicle Code § 16020. Financial responsibility requirements for California vehicle owners.
  3. California Vehicle Code § 16056. Minimum liability insurance amounts: 15/30/5.
  4. California Vehicle Code § 23152. DUI statute triggering Prop 213(b) bar upon conviction.
  5. California Insurance Code § 11580.2. UM/UIM coverage framework — not subject to Prop 213 limitations.
  6. California Vehicle Code § 23103.5. Wet reckless plea does NOT trigger the Prop 213 DUI bar.