What is Proposition 213 in California and how can it affect those injured in a car accident?

Proposition 213 in California, also known as the Personal Responsibility Act of 1996, is a state law that significantly limits the rights of uninsured motorists, intoxicated drivers, and those committing felonies to sue and recover damages from law-abiding citizens after a car accident.

This legislation has resulted in the insurance industry earning billions of dollars, as Californians lacking auto insurance are disadvantaged in terms of the compensation they can receive for injuries sustained in a car accident that was not their fault. They are limited in the amount they can claim from the driver responsible for the accident.

What Does Proposition 213 say?

The key aspects of Proposition 213 are as follows:

• Limitation on Damages for Uninsured Drivers: Proposition 213 primarily restricts uninsured drivers from recovering non-economic damages in personal injury lawsuits stemming from car accidents. This restriction applies regardless of whether the uninsured driver was at fault for the accident​​​​.
• Application to Intoxicated Drivers and Felons: In addition to uninsured drivers, the law also applies to drivers who were intoxicated or committing a felony at the time of the accident. Such drivers are prohibited from recovering non-economic damages from motor vehicle accidents​​.
• Promotion of Responsible Driving: The intent behind Proposition 213 was to encourage responsible driving and promote the purchase of car insurance. By limiting the damages that certain groups of drivers can recover, the law aims to incentivize drivers to maintain valid insurance, drive soberly, and abide by the law​​.
• Scope of Damages Affected: The law specifically targets non-economic damages, which include compensation for pain and suffering, emotional distress, and similar harms. It does not, however, prevent the recovery of actual damages, such as medical expenses and lost wages, by uninsured drivers​​.
• Support from Advocacy Groups: Proposition 213 received support from various groups, including Mothers Against Drunk Driving (MADD), highlighting its focus on promoting safety and responsibility on the road​​.

This law has been a subject of debate and numerous challenges, reflecting ongoing discussions about the balance between personal responsibility and fair compensation in the context of motor vehicle accidents.

How Does Prop 213 Work?

Was the vehicle you were driving insured at the time of the accident?

If YES, Proposition 213 does NOT apply to you. You are entitled to a full recovery for your injuries. There is no limitation on the damages you may recover.

If NO, were you a PASSENGER or the DRIVER of the car?

• If you were a passenger, Proposition 213 does NOT apply to you. You are entitled to a full recovery for your injuries.  You may recover both economic and noneconomic damages.
• If you were the driver of a car that was not covered by insurance, Proposition 213 applies to you. In this situation you will only be entitled to recover economic damages such as lost wages and medical expenses. You may not recover noneconomic damages, including damages for pain and suffering, disability, disfigurement, and emotional distress.

Were you driving drunk at the time of the accident?

If NO, Proposition 213 does NOT apply to you. You are entitled to a full recovery for your injuries. There is no limitation on the damages you may recover.

If YES, Proposition 213 applies to you and you will only be entitled to recover economic damages such as lost wages and medical expenses. You may not recover noneconomic damages, including damages for pain and suffering, disability, disfigurement, and emotional distress.

Did you commit a felony before or during the time of the accident?

If NO, Proposition 213 does NOT apply to you. You are entitled to a full recovery for your injuries. There is no limitation on the damages you may recover.

If YES, Proposition 213 applies to you and you will only be entitled to recover economic damages such as lost wages and medical expenses. You may not recover noneconomic damages, including damages for pain and suffering, disability, disfigurement, and emotional distress.

Exceptions To Proposition 213

There are specific exceptions to the limitations imposed by Proposition 213 in California regarding the recovery of non-economic damages:

• In the Case of Stolen Vehicles: Individuals who suffer injuries while driving a vehicle that was stolen may still be entitled to non-economic damages. This is contingent on their ability to demonstrate that they were not aware the vehicle was stolen at the time of the accident.
• For Employer-Owned Vehicles: Employees injured while operating an uninsured vehicle owned by their employer can still seek non-economic damages. This exception applies provided the employee was not responsible for the vehicle being uninsured.
• Regarding Government Vehicles: Proposition 213's restrictions do not extend to government vehicles. Thus, if a person is injured while driving an uninsured vehicle owned by the government, they retain the right to claim non-economic damages in a lawsuit.

If I am not a California resident, does proposition 213 still apply to me?

Yes, Proposition 213 applies regardless of your residency status. If you are involved in a motor vehicle accident in California, the provisions of Proposition 213 will apply to you, even if you are not a resident of California. This law is specific to the state of California and affects anyone who is part of a vehicular accident within the state, irrespective of their residency. Therefore, if you're an uninsured driver, an intoxicated driver, or committing a felony at the time of the accident in California, the limitations on recovering non-economic damages as outlined in Proposition 213 would apply to you.

If my felony charges are dropped, does Proposition 213 still apply to me in California?

If your felony charges are dropped, the application of Proposition 213 in your case could potentially change. Proposition 213 restricts the recovery of non-economic damages in motor vehicle accidents for individuals who were committing a felony at the time of the accident. However, if the felony charges against you are dropped, meaning you are not convicted or found guilty of committing a felony at the time of the accident, then this specific aspect of Proposition 213 may no longer apply to your case. The same applies if you are found not guilty of DUI or if you are found not guilty of driving without insurance.

It's important to note that the specifics of legal situations can be complex, and other factors might influence the application of Proposition 213. Therefore, it is advisable to consult with a legal expert or attorney for a precise understanding of how the law applies to your specific circumstances, especially in light of changes to your legal status.

About Yosi Yahoudai of J&Y Law Firm in Los Angeles, CA

Yosi Yahoudai is a founder and the managing partner of J&Y. His practice consists primarily of cases involving automobile and motorcycle accidents, but he also represents people in premises liability lawsuits, including suits alleging dangerous conditions of public property, third-party criminal conduct, and intentional torts. He also has expertise in cases involving product defects, dog bites, elder abuse, and sexual assault. He earned his Bachelor of Arts from the University of California and is admitted to practice in all California State Courts, and the United States District Court for the Southern District of California. If you have any questions about this article, you can contact Yosi by clicking here.