In California, if you are an uninsured driver involved in an accident, a law called Proposition 213 can significantly limit your ability to recover money—even if the accident was 100% the other person’s fault.
Under Prop 213, uninsured drivers are generally barred from recovering non-economic damages, such as pain and suffering or emotional distress. You can still recover “economic” costs like medical bills and car repairs, but the emotional and physical toll of the crash won’t be compensated.
There are a few critical exceptions, however. Prop 213 usually does not apply to:
- Passengers in an uninsured vehicle (unless they also own the car).
- Accidents occurring on private property.
- Cases where the at-fault driver was convicted of a DUI.
Knowing these rules is essential for anyone navigating a claim where insurance status might be in question.
