Proposition 213 – Uninsured Drivers in California

California isn’t always about sunny skies and sandy beaches. It is also known for its high population and dense traffic, which leads to many accidents daily. You could have an unpleasant experience if you don’t carry car insurance at the time of an accident. Proposition 213 was implemented though California legislature in 1996 to punish uninsured, not at fault-drivers, after being involved in a car accident. Proposition 213 prohibits the responsible driver of a vehicle to recover non-economic damages such as pain and suffering, disfigurement, enjoyment of life, and any emotional distress.
Although the driver is banned from recovering pain and suffering, the uninsured driver can still collect compensation for economic damages such as vehicle damages, loss wages, and medical bills. However, there are exceptions to the rule which may qualify victims involved in an accident, to recover non-economic damages.

Exceptions to Proposition 213

Before you make a recorded statement with the other driver’s insurance company, consult with an accident lawyer who understands proposition 213. There are some exceptions in the recovery process that you may potentially qualify for.

  • DUI Drivers– You are entitled to recover damages for pain & suffering if the at-fault driver is convicted of a felony of driving under the influence.
  • Passengers – Passengers involved in an accident with a uninsured driver, may likely recover compensation for non-economic damages.
  • Wrongful Death – Heirs bringing forward a claim for the loss of a loved involved in an accident may recover pain and suffering.
  • Employer’s Vehicle – If you drive a vehicle for work and your employer is financially responsible for the vehicle, you are able to recover compensation for pain & suffering.


Not only can you face a minimized recovery for losses after an accident, you may also encounter penalties with the DMV. Carrying proper insurance when operating a car in California reduces the financial risks for any party involved. Each state varies on its liability insurance requirements for its drivers. Failure to show proof of insurance after an accident may cause:

  • Your driver’s license may be suspended;
  • Traffic ticket violation for no proof of insurance;
  • SR-22 requirement purchase for 3 years;
  • Large fines to reinstate license and registration.

Consult with an Experienced Attorney at Sweet Law Group

Damages compensating you and your family after an accident can be a life changing. Contact the personal injury lawyers at Sweet Law Group to ensure you recover the maximum award available from the reckless driver who caused your accident. With over 40 years of experience in the legal field, we have seen thousands of cases and know what it takes to win your case. Call us today at (800) 203-3061.


Related Posts

car accident legal advice

Hit and Run Car Accident? What You Need to Do Right Now

More than one hit-and-run accident happens every minute in the United States. Being the victim of a hit-and-run crash is extremely stressful because you often don’t know who is responsible for your damages. Even if you have insurance, it can be tricky to get them to cover the accident when there’s no other driver. Fortunately, […]

filing lawsuits

Time Limits on Filing Lawsuits: How Soon Do You Need to File After an Accident or Injury?

Every year, thousands of people are hurt in accidents that are not their fault. From car accidents to medical malpractice to defective products, personal injuries happen every day. Depending on the severity of your injuries, you may have extensive medical expenses, lost wages, or even permanent disability.  If the insurance company of the responsible party […]

vehicle insurance

In a Crash With No Vehicle Insurance? What You Need to Do Immediately

California ranks 10th in the nation when it comes to the number of uninsured drivers on the road. In fact, 16.6 percent of drivers in California don’t have vehicle insurance. If you’re in an accident and don’t have insurance, you might be afraid and have no idea what to do next. Don’t panic! Keep reading […]

hiring a lawyer

How to Find the Best Lawyer, and What Questions to Ask Before Hiring a Lawyer

According to the American Bar Association, there are well over 1.3 million lawyers in the US.  If you’re looking for a lawyer, it can be hard to know where to start.  However, it’s essential for the success of your suit that you find one who is equipped to handle your specific case, who has experience, the right specialization, and […]

Help Is Here

We have answers. Tell us about your situation.

Call (800) 674-7854 or request a callback below
  • This field is for validation purposes and should be left unchanged.

Police Report Request Form

Police Report Request

"*" indicates required fields

Sweet Lawyers has my permission to help provide a free police report.*
This field is for validation purposes and should be left unchanged.