# California Prop 213: Uninsured Drivers and Injury Claims

Canonical: https://sanjosecacaraccidentlawyer.com/california-law/prop-213/

Reviewed by Andrew Ronald Gillin; reviewed 2026-11-05.

California Prop 213 can limit nonfinancial damages in covered situations. It is not a simple yes-or-no rule based only on whether someone says a driver was uninsured.

## Who may be affected by California Prop 213

Civil Code section 3333.4 requires close attention to the person’s role, ownership, insurance, and the claim being made. Some issues depend on facts such as a conviction or a product-liability claim. A list of possible exceptions does not establish that an exception fits you.



Sources: [Civil Code section 3333.4](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=3333.4.); [Hodges v. Superior Court (1999) 21 Cal.4th 109](https://law.justia.com/cases/california/supreme-court/4th/21/109.html)

## Why a DUI conviction or product claim may matter

Bring the actual policies, vehicle ownership information, and relevant records to a legal review. Even when a particular Prop 213 restriction does not apply, other elements, defenses, deadlines, policy limits, and payment problems may remain. This page does not guarantee recovery of financial losses.



Sources: [Civil Code section 3333.4](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=3333.4.); [Hodges v. Superior Court (1999) 21 Cal.4th 109](https://law.justia.com/cases/california/supreme-court/4th/21/109.html)

## Facts an attorney needs to assess possible exceptions

For a useful review, keep the following information together. You do not need to enter it on this website.

- The actual policy, bill, report, or notice involved.
- Dates and facts that could change which rule applies.
- The questions you want an attorney to answer before you take a step.

Sources: [Civil Code section 3333.4](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=3333.4.)

## Court decisions about california prop 213: uninsured drivers and injury claims

### Hodges v. Superior Court

(1999) 21 Cal.4th 109, pp. 111–113. The court let a claim about a car’s unsafe design proceed despite the driver’s lack of insurance. The damage limit did not apply in that setting.

Limits: That is not the rule for every crash claim. A claim based on careless driving needs its own review.

[Read the opinion](https://law.justia.com/cases/california/supreme-court/4th/21/109.html)

## Related resources

- [California Prop 213 Questions to Review With a Lawyer](https://sanjosecacaraccidentlawyer.com/tools/prop-213-checklist/)
- [San Jose Drunk-Driving Injury Claims](https://sanjosecacaraccidentlawyer.com/drunk-driving-crashes/)
- [San Jose Head-On Crashes, Rollovers, and Vehicle Defects](https://sanjosecacaraccidentlawyer.com/head-on-rollover-defects/)

## Legal and agency sources

- [Civil Code section 3333.4](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=3333.4.)
- [Hodges v. Superior Court (1999) 21 Cal.4th 109](https://law.justia.com/cases/california/supreme-court/4th/21/109.html)

General information, not legal advice. Examples are hypothetical.