California Proposition 213 Quiz

California Proposition 213: Limitations on Recovery for Uninsured, DUI Convicts, and Felons

• Proposition 213 was passed in 1996 and limits the amount and types of compensation that certain individuals can recover from a personal injury lawsuit.
• Uninsured motorists cannot recover non-economic damages, such as pain and suffering, even if the other driver is at fault. They can only recover economic damages, like medical bills and lost wages.
• DUI convicts cannot recover non-economic damages, even if the other driver is at fault. They can only recover economic damages.
• Felons cannot recover any damages if they are committing a felony and get injured.
• Proposition 213 limits the potential financial recovery for uninsured motorists, DUI convicts, and felons who are injured in accidents through no fault of their own.
• Uninsured drivers may still be entitled to recover expenses incurred from lost wages, medical bills, and damage to their cars due to the negligence of the at-fault driver.
• Proposition 213 exceptions exist for licensed drivers who borrow their employer's vehicle, licensed drivers who have insurance for a different vehicle, passengers in an uninsured vehicle, wrongful death cases, accidents on private property, drunk or chemically impaired drivers, and defective vehicles.
• Licensed drivers who borrow their employer's vehicle and are performing tasks for their employer may be able to recover both economic and non-economic losses.
• Passengers are not subject to Proposition 213 and may recover both economic and non-economic damages if they are injured as the direct result of an accident.
• If an uninsured driver is killed in an accident, surviving passengers and next-of-kin can sue to recover damages.
• Proposition 213 may not apply to drivers involved in car accidents on privately owned roads.
• Uninsured drivers may still be entitled to compensation for noneconomic damages from automobile manufacturers for product defects that exacerbate their injuries.