In 1996, California voters passed The Personal Responsibility Act of 1996. Also known as “Prop 213,” the law limits the rights of uninsured California drivers to recover non-economic damages in motor vehicle accidents, even if the accident wasn’t their fault.
The intent of the legislation is to encourage drivers to carry proper insurance coverage, thereby reducing the number of uninsured motorists on the road. Supporters of Prop 213 have argued that uninsured drivers should not benefit from certain legal protections if they fail to fulfill their legal obligation to maintain auto insurance.
While Prop 213 is unique to California, the intent behind it is not. Driving without insurance is generally illegal in most states, and the consequences for doing so can vary depending on jurisdiction and circumstances.
If you were driving a vehicle that was not insured at the time of an accident, Prop 213 does apply — and it may limit the damages you can recover from your accident. As an uninsured driver, you may not recover non-economic damages.
However, there are some exceptions. Prop 213 may not apply if, for example, you were driving a work vehicle or the accident happened on private property.
Other exceptions for which Prop 213 does not apply and you can recover for your injuries in full:
Non-economic damages typically include compensation for pain and suffering, as well as other subjective losses that are not easily quantifiable in monetary terms, like disability or disfigurement.
If Prop 213 applies to you, you won’t be entitled to non-economic damages. However, hiring an experienced car accident attorney can help ensure you receive the maximum recovery allowed under the law. You may still be entitled to certain economic damages, such as lost wages and medical expenses.
Consequences for driving without insurance may vary depending on the individual’s previous offenses and other circumstances. These consequences might include:
Driving without insurance carries heavy emotional, financial and lifestyle burdens. The consequences of being caught driving without the required minimum coverage limits set by the State of California can be severe. These consequences can affect your ability to get to work, take children to school, shop for necessities, and live your life as normal.
Even if you have auto coverage, you need to be sure that the auto coverage you have is adequate in California — or else, you could be subject to any of the consequences discussed above.
No matter where you live in California, you’re required to have minimum auto insurance coverage limits. You can think of these coverage requirements as being broken down into three main categories of auto insurance:
Because of their respective minimum coverage requirements, these auto insurance floors are commonly referred to collectively as “15/30/5” coverage. These coverage minimums can benefit you or any other victims of a car accident that you’re involved in.
It is worth noting that these coverage requirements will be changing on January 1, 2025, as a result of State Bill 1107 that passed in 2022. In regard to Prop 213, to be considered insured and not in violation of this law, your auto insurance policy liability will have to meet these new minimum thresholds in California. This is the first time since 1975 that these minimum thresholds have been adjusted.
The bill increases the current minimum requirements from $15,000 to $30,000 for bodily injury or death of one person, from $30,000 to $60,000 for bodily injury or death of all persons and from $5,000 to $15,000 for damage to the property of others as a result of any one accident.
Any time you’re driving, you are required by law to carry physical proof of your auto insurance. Most insurance companies will offer digital downloads of your insurance cards, which you can show as proof of insurance if you’re pulled over or involved in an accident.
If you’re in an accident, even if it was not your fault, you will be charged in California for driving without insurance. On the other hand, the consequences of being hit by a driver with no insurance can also be devastating.
No matter what your situation, if you are involved in a car accident in California, your circumstances deserve the help and attention of an experienced car accident attorney.
