What is California's Prop 213?

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Sections 3333.3 and 3333.4 of the California Civil Code are key components of Proposition 213, otherwise known as the “Personal Responsibility Act”. This law was a ballot measure voted on by California voters in 1996 and it restricts motorists from collecting non-economic damages (i.e. pain and suffering, emotional distress, disfigurement) for injuries sustained after motor vehicle accidents in which the motorist was committing a felony, fleeing from a felony offense, uninsured, or intoxicated at the time of the accident.

The main goal of Proposition 213 was to reduce insurance costs by limiting insurance companies’ liabilities for specific types of auto accidents. Uninsured motorists, drunk drivers, and felony offenders fleeing from law enforcement are all restricted from receiving compensation in the form of non-economic damages, even if these individuals were not culpable for the accident.

While the law was written as a means for curbing irresponsible behavior and lowering insurance premiums, Proposition 213 has been criticized for placing an unfair burden on low-income motorists and marginalized communities through limiting their ability to seek compensation for non-economic damages after a car accident. Detractors of the law claim it unfairly penalizes low-income drivers who are unable to afford auto insurance coverage while supporters of Prop 213 are quick to point out that it does not limit any driver’s ability to seek compensation for economic damages after a car accident, including property damage, lost wages, and medical expenses incurred as a result.

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Uninsured Drivers and Law Abiding Citizens

Prior to the passing of Proposition 213, anyone who was party to an auto accident in the state of California was free to seek compensation in the form of economic and noneconomic damages without any concern for legal status, driving record, or whether they carried the minimum bodily injury liability coverage as required by law.

The uninsured driver and the law abiding citizen were on a level playing field that allowed uninsured, underinsured, and intoxicated drivers to take advantage of the system by giving them a legal right to pursue compensation for non-economic damages for pain and suffering, emotional distress, loss of wages or loss of life as the result of a car accident in which they were deemed “at fault”. This puts public safety at risk and resulted in higher automobile insurance premiums for drivers who were in compliance with the law.

Prop 213 gained immediate support from the auto insurance industry and law enforcement organizations because it would have a positive impact on reducing auto insurance coverage rates and make the roads safer for everyone who was driving on them.

Uninsured Motorists

Any driver who is unable to present proof of valid car insurance when he or she is involved in a car crash is restricted from seeking non-economic damages regardless of who is deemed at fault for the accident.

Drunk Drivers

Any driver convicted of drunk driving at the time when he or she is involved in a car crash is unable to seek nor receive non-economic damages.

Felony Offenders

Any driver involved in committing a felony and attempting to evade law enforcement when he or she is involved in a car crash is unable to recover damages that are considered non economic losses.

Important Exceptions to Proposition 213

Prop 213 only applies to motorists who are restricted from seeking non-economic damages. This law does not prohibit those same motorists from seeking and recovering economic damages after an auto accident.

There are exceptions to the language of Proposition 213 with respect to how the law is applied, who can recover and who can be held liable for non-economic damages, and other instances in which an individual may be exempt from the law.

Uninsured Driver Exceptions from Prop 213

There are a few, very specific exceptions for motorists who are driving without some form of auto insurance in California.

• Any motorist driving a vehicle that is company-owned yet the employer failed to secure auto coverage for that vehicle is considered exempt from Proposition 213.
• If a motorist loses his or her life in an automobile accident and that motorist was uninsured, surviving members of his or her family are permitted to seek and recover economic and noneconomic damages from wrongful death motorists involved in the crash.
• An uninsured driver is permitted to seek and recover compensation from a driver convicted of a DUI at the time in which both parties are involved in a car accident.

Collecting Damages

Prop 213 states that any driver convicted of a DUI may be sued for non-economic damages after a car accident.

Motorists who are prohibited from receiving non-economic damages may seek punitive damages as these are intended as a punitive solution for wrongdoing and not intended as compensatory damages.

Call today and let Fahim Rahman help you get the damages to which you may be entitled under Prop 213.