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What Proposition 213 says
Under Proposition 213, a person cannot recover non-economic damages, such as pain and suffering, in a car crash case if at the time they owned a vehicle involved in the crash that was not insured as the law requires, or they were driving and cannot show the required insurance or financial responsibility (Civil Code 3333.4). The same bar applies to an injured driver convicted of DUI for the crash.
Economic damages remain recoverable. That includes medical bills, lost wages and other out-of-pocket losses. There is one exception for uninsured owners: if the driver who hurt you was convicted of DUI for that crash, you can still recover non-economic damages. See a drunk driver hit me if that may apply.
Who the rule applies to
The rule is about owners and drivers of an uninsured vehicle involved in the crash. If you were a passenger in someone else’s car, or a pedestrian, your situation may be different, and a lawyer should look at the facts. Who owned the car, whose name is on the registration and whether any policy applied all matter.
California requires drivers to carry at least minimum liability insurance. For policies issued or renewed on or after January 1, 2025, the minimum is $30,000 for injury to one person, $60,000 for two or more, and $15,000 for property damage (Vehicle Code 16056). If you had a policy that lapsed recently, gather any paperwork you have so a lawyer can check the dates.
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What you can still recover
Your economic losses are often larger than people expect. Emergency care, follow-up visits, therapy, prescriptions and future treatment your doctors expect can all count. So can wages you lost while hurt and income you may lose later. Keep every bill and pay stub. Our page on lost wages after a car accident explains what to save.
Fault still matters. California uses pure comparative fault, so your own share of fault reduces your damages in proportion but does not bar the claim (Li v. Yellow Cab Co.). Having no insurance does not by itself make you the one at fault for the crash. The evidence about how it happened decides that.
Paying for medical care now
Without auto insurance, you will not have MedPay from your own policy. Health insurance, if you have it, can pay for treatment. Some providers treat on a lien and wait to be paid from the settlement. Read our pages on a car accident with no health insurance and who pays medical bills after a car accident.
Do not skip care because of cost. Gaps in treatment make any claim harder to prove, and your health comes first. Ask each provider how they bill crash injuries before your first visit, and keep copies of everything you sign. If a provider asks you to sign a lien, read it first and ask what happens if the case does not settle.
What to do now
See a doctor and keep every record. Take photos of the cars and the scene, and write down witness names and phone numbers. Get the other driver’s insurance information and the claim number. Do not sign a release or give a recorded statement to the other driver’s insurer before you talk to a lawyer. Keep receipts for every expense.
A California driver in a crash causing injury, death or more than $1,000 in property damage must report it to the DMV on form SR-1 within 10 days, whoever was at fault (Vehicle Code 16000). The lawsuit deadline for injuries is generally two years from the injury. Call (310) 552-6959 or use the form, and you can ask questions before you decide anything.
Common questions
Can I sue if I was hit and I have no insurance in California?
Yes, you can usually still bring a claim against the driver who caused the crash. If you owned or were driving an uninsured vehicle involved in the crash, Proposition 213 generally bars pain and suffering damages, but you can still recover economic damages such as medical bills and lost wages.
What is Proposition 213?
It is a California law that bars non-economic damages, such as pain and suffering, for an uninsured vehicle owner or a driver who cannot show the required insurance, and for a driver convicted of DUI for the crash. Economic damages remain recoverable. An uninsured owner hurt by a driver convicted of DUI for that crash can still recover non-economic damages.
Can I get my medical bills paid if I have no insurance?
Medical bills are economic damages, and Proposition 213 does not bar them. The at-fault driver’s insurer can pay them through a settlement. Until then, health insurance or a provider who treats on a lien may help. Keep every bill and record so the full cost can be shown.
Does having no insurance mean the crash was my fault?
No. Fault depends on how the crash happened: speed, lanes, signals and what each driver did. Having no insurance affects what damages you can recover, not who caused the crash. If you were partly at fault, California reduces your damages by your share instead of barring the claim.
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Car and truck accident lawyer — Beverly Law
If you were hurt in a car or truck crash in California and Washington, talk to a personal injury attorney. Free, confidential, English or Spanish. You owe no fees or costs unless we win.
Related pages
Hit by a semi truck: what to do · Hit by another driver when you have no driver’s license · Car accident compensation in California · Uber accident: who pays · All car and truck accident questions
Sources
- Cal. Civ. Code § 3333.4(a)(1)-(3), (b), (c); Hodges v. Superior Court (1999) 21 Cal.4th 109 (upholding statute)
- Cal. Veh. Code § 16056(a)(2), (d) (as amended by SB 1107, Stats. 2022, ch. 719); Cal. Ins. Code § 11580.1(b)(1)
- Li v. Yellow Cab Co. (1975) 13 Cal.3d 804, 828-829; CACI No. 405
- Cal. Veh. Code § 16000(a); DMV form SR 1 (Rev. 6/2025)
- Cal. Code Civ. Proc. § 335.1
Important: This page is general information about California and Washington law, not legal advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Last reviewed: November 5, 2026.