Proposition 213

Heavy traffic on a Los Angeles freeway at sunset with buildings and palm trees in view.

California law limits what uninsured drivers can recover after a crash — but you still have important rights. Learn how Proposition 213 works and how Maximus Law can help protect your claim.

At Maximus Law, we know that not everyone on California’s roads has insurance — and sometimes, uninsured drivers are injured in accidents that weren’t their fault. If that’s you, you may be worried that you have no rights. The truth is more complicated: California’s Proposition 213 limits certain claims, but it doesn’t take away your right to compensation completely.

This guide explains what Prop 213 is, how it affects uninsured drivers who didn’t cause their accident, and how our attorneys at Maximus Law can help you navigate your claim.

WHAT IS PROPOSITION 213

Proposition 213, also called the Personal Responsibility Act of 1996, is a California law designed to push drivers to carry insurance. It restricts what uninsured drivers can claim in a lawsuit after a crash.
👉 Key takeaway: If you were uninsured at the time of the accident, you can still collect money for financial losses — but not for pain and suffering.

What You Can Still Claim as an Uninsured Driver

Even if you were uninsured, you are still entitled to economic damages, which cover:

  • Medical bills and hospital expenses
  • Lost wages from missing work
  • Future lost income if you can’t return to your job right away
  • Vehicle repair or replacement costs
  • Other out-of-pocket expenses

These damages are critical for keeping your life on track after an accident — and Maximus Law can help you maximize them.

This guide explains what Prop 213 is, how it affects uninsured drivers who didn’t cause their accident, and how our attorneys at Maximus Law can help you navigate your claim.

What You Cannot Claim Under Prop 213

Uninsured drivers cannot claim non-economic damages, which include:

  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life
  • Disfigurement or physical impairment

For many people, this is the most frustrating part of Prop 213. But depending on your case, there may be ways around it

Important Exceptions You Should Know

Prop 213 has exceptions, and our attorneys know how to use them in your favor:

  • Hit by a drunk driver: If the person who caused your accident was convicted of DUI, you may still be able to claim pain and suffering damages.
  • Passengers: If you were just a passenger in an uninsured car (and not the owner), Prop 213 usually doesn’t apply to you.
  • Work vehicles: If you were driving a company-owned car without insurance, you may still have full rights to compensation.

“Not all cases are the same — exceptions may restore your rights.”

Insurance companies often use Prop 213 as a weapon to reduce payouts. They may:

  • Offer far less than your case is worth
  • Claim you have no right to sue
  • Ignore possible exceptions that apply to your situation

That’s why having an attorney on your side makes a huge difference.

How Maximus Law Can Help You

At Maximus Law, we focus on standing up for injured drivers — especially those who feel the system is stacked against them. If you were uninsured but not at fault, we can:

  • Review your case to see if Prop 213 really applies
  • Identify exceptions that might restore your right to pain and suffering damages
  • Collect evidence to maximize your economic damages
  • Negotiate against unfair payout tactics
  • Represent you in court if needed

Our goal is simple: to make sure you get the most compensation California law allows.

the bottom line

At Maximus Law, we believe every injured driver deserves a fair chance at recovery — insurance or not. Proposition 213 may create obstacles, but it doesn’t erase your rights. Our team is here to stand by your side, challenge unfair insurance tactics, and fight for the compensation you deserve.

Don’t navigate this alone. Reach out to Maximus Law today for a free consultation, and let us help you move forward with confidence.

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Heavy traffic on a Los Angeles freeway at sunset with buildings and palm trees in view.

Proposition 213

October 24, 2025 California Law
California law limits what uninsured drivers can recover after a crash — but you still have important rights. Learn how Proposition 213 works and how Maximus Law can help protect your claim. At...
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