California Proposition 213 Lawyer

Proposition 213 can drastically limit the damages an injured person may recover after a California accident.

If it applies, claims for pain and suffering may be barred—even when injuries are serious.

Insurance companies frequently misapply Proposition 213 to deny valid claims.

Understanding when the law applies, and when it does not, is critical to protecting your right to compensation.

What Is Proposition 213 and Why It Matters

Proposition 213 was enacted to restrict certain non-economic damages when an injured person was driving without required insurance.
While insurers often cite this law to reduce payouts, it does not apply to every accident or every injured person.

The sections below explain who is affected, common exceptions, and how these cases are evaluated under California law.

What Is Proposition 213?

Proposition 213 is a California law that may bar recovery of non-economic damages, such as pain and suffering, if an uninsured driver is injured in a motor vehicle accident.

The law does not eliminate all compensation and does not apply to every situation.

Even when Proposition 213 applies, injured individuals may still recover economic damages, including medical expenses, lost wages, and other out-of-pocket losses.

When Proposition 213 Applies

• The injured person was operating a motor vehicle
• The injured person did not carry legally required auto insurance
• The injury arose from the operation or use of a motor vehicle

Common Situations Where Proposition 213 Does Not Apply

• Pedestrians struck by vehicles
• Bicyclists injured in traffic collisions
• Passengers injured in a vehicle
• Motorcycle accidents involving insured riders
• Accidents caused by drunk or drug-impaired drivers
• Injuries caused by intentional acts or gross negligence

How Insurance Companies Misuse Proposition 213

Insurers often assert Proposition 213 as a blanket defense without fully analyzing the facts.

They may incorrectly apply it to pedestrians, passengers, cyclists, or situations involving exceptions under the law.

Challenging an improper Proposition 213 defense can restore access to full compensation, including non-economic damages.

Damages Still Available Under Proposition 213

Even when Proposition 213 applies, injured people may still recover medical expenses, future treatment costs, lost wages, loss of earning capacity, and other economic damages.
In some cases, exceptions allow recovery of pain and suffering as well.

Frequently Asked Questions About Proposition 213

Does Proposition 213 apply to pedestrians?

No. Pedestrians are not operating motor vehicles and are not subject to Proposition 213 restrictions.

Does Proposition 213 apply to passengers?

No. Passengers are not required to carry auto insurance and are not barred from recovering pain and suffering.

Can Proposition 213 be challenged?

Yes. Many cases involve disputed insurance status, statutory exceptions, or incorrect application by insurers.

Speak With a California Proposition 213 Lawyer

Proposition 213 defenses are often raised to pressure injured people into accepting unfair settlements.

A careful legal analysis can determine whether the law truly applies and what compensation remains available.

The Law Office of Norman Gregory Fernandez has decades of experience handling complex insurance and liability disputes throughout California.
We challenge improper defenses and fight to preserve our clients’ rights.

If an insurer claims Proposition 213 limits your case, do not accept that answer without legal review.

Call 800-816-1529 for a free consultation.
No fee unless we win.