Someone hit you, it was not your fault, and your insurance had lapsed. Now an adjuster is telling you that you "can't recover anything" because you were uninsured. That is not what California law says, and in 2026 the difference is worth understanding before you give up on a claim.
The short answer
Prop 213 is a California rule, passed by voters in 1996, that stops certain people from recovering pain and suffering after a car crash. It hits uninsured vehicle owners, uninsured drivers, and drivers convicted of DUI for the crash. It does not stop them from recovering economic losses: medical bills, lost wages, and property damage. It does not apply to passengers or pedestrians who did not own an uninsured vehicle in the crash. If you were uninsured and someone else caused the crash, you may still have a real claim.
What Prop 213 actually says
The rule lives in California Civil Code section 3333.4. In plain words, in a lawsuit over a motor vehicle accident, you cannot recover non-economic damages if any one of these is true:
- You were convicted of driving under the influence in connection with the crash.
- You owned a vehicle involved in the crash and it was not insured as California law requires.
- You were driving a vehicle involved in the crash and cannot show proof of financial responsibility, which for most people means insurance.
"Non-economic damages" is the legal name for pain, suffering, emotional distress, inconvenience, and loss of enjoyment of life. Those are often a large part of an injury claim, which is why insurers bring up Prop 213 early and often.
What you can still recover
Prop 213 takes away one category of damages. It leaves the rest in place. An uninsured driver who was hit by someone else can still pursue:
- Medical bills, past and future, including ambulance, ER, imaging, surgery, physical therapy, and follow-up care.
- Lost wages for time missed from work, and lost earning capacity if the injury limits the work you can do going forward.
- Property damage to your car and anything in it.
- Other out-of-pocket costs tied to the injury, such as prescriptions, medical equipment, and mileage to appointments.
If your injuries are serious, economic damages alone can be substantial. Surgery, months of therapy, and time off work add up. Do not let an adjuster convince you that "no pain and suffering" means "no claim."
Who Prop 213 does not hit
This is where people get confused, and where insurers sometimes overreach.
- Passengers. If you were riding in someone else's car and did not own it, Prop 213 generally does not limit your recovery, even if the driver was uninsured.
- Pedestrians and cyclists. If you were walking or riding a bike and were not the owner of an uninsured vehicle involved in the crash, the rule generally does not apply to you. See our page on pedestrian accident lawyers for more on those claims.
- Family members of the uninsured driver. A spouse or child riding along is not barred just because the driver was uninsured, as long as they do not own the uninsured car.
- Insured drivers of someone else's car. If you borrowed a car and the owner's policy covers permissive drivers, you may be able to show financial responsibility through that policy.
The rule is aimed at the person who chose to drive or own an uninsured car, not at everyone around them.
The exceptions that matter
Prop 213 has limits even for uninsured drivers and owners.
The at-fault driver was drunk. If you were uninsured and the driver who hit you was under the influence and is convicted of that offense, the statute generally allows you to recover non-economic damages anyway. Voters did not want to reward a drunk driver with a discount.
You were driving for work. When an employee is driving a vehicle owned by the employer, in the course of the job, the question of whose insurance failure counts can change the analysis. If you were on the clock in a company vehicle, do not assume Prop 213 applies to you. Have a lawyer look at the facts.
Uninsured, but was the policy really lapsed?
Before accepting that Prop 213 applies, check the facts. People are often more insured than they think.
- Was a payment late but still inside a grace period?
- Did the insurer send the cancellation notice California law requires before ending coverage?
- Were you listed on a household member's policy, or covered as a permissive driver on the owner's policy?
- Did you own the car on paper, or had you already sold or transferred it?
Any of these can change whether Prop 213 applies at all. Pull your policy documents, payment history, and any cancellation letters before you talk to the other side.
The deadline still runs
Being uninsured does not pause the clock. Under Code of Civil Procedure 335.1, you generally have two years from the date of the injury to file a personal injury lawsuit in California. If a city bus, a public agency vehicle, or a dangerous road was involved, a written government claim is usually due within six months. For more on timing, read our guide on the California personal injury statute of limitations.
What to do this week
- Get medical care and keep every bill, receipt, and record. Under Prop 213, those records are the heart of your claim.
- Keep proof of lost work: pay stubs, a letter from your employer, and the dates you missed.
- Do not give a recorded statement to the other driver's insurer. Questions about your insurance status are often the first thing they ask.
- Do not sign a release or accept a low offer because someone told you "uninsured means you get nothing."
- Get insured going forward. It protects you on the next crash and does not hurt your current claim.
If you were uninsured and hurt in a crash you did not cause, our car accident lawyers can look at your situation and tell you where you stand. Request a free case review or call (310) 746-5775. No fee unless we win. For the step-by-step after any crash, read what to do after a car accident in California.
This guide is general information, not legal advice. Deadlines and rules change; talk to a lawyer about your situation.