Orange County Proposition 213 Accident Attorneys

If you were injured in an auto accident in the state of California, your claim for damages may be limited depending on whether there was insurance covering the vehicle you were driving. California’s Proposition 213, also known as Prop 213, prevents an uninsured driver from being compensated for their pain and suffering by the at-fault driver’s insurance company. However, there are exceptions to Prop 213. And even if an exception doesn’t apply, that still doesn’t mean you don’t have a claim.

If you have recently been involved in an accident but were uninsured, you may still be entitled to compensation. Contact an Orange County Proposition 213 accident attorney at the Text Kevin Accident Attorneys to learn about how we can help you maximize your settlement. Call (800) 900-9393 for a free consultation with an Orange County car accident lawyer.

Table of Contents

What Is Proposition 213?

The insurance industry pushed for Proposition 213 in 1996 in order to reduce the amount of money they would have to pay out in claims. Proposition 213 prevents a driver who is injured in an auto accident from making a claim for non-economic damages against an at-fault driver if they drove a vehicle that was not covered by insurance.

What Compensation Is Affected By Proposition 213?

An uninsured driver who is subject to Proposition 213 can seek reimbursement for economic damages, but not for non-economic damages. In other words, they can still be compensated for their medical bills, loss of earnings, and out-of-pocket expenses, but not for their pain and suffering.

According to California Civil Jury Instruction No. 3905A, non-economic damages include physical pain, mental suffering, loss of enjoyment of life, disfigurement, physical impairment, inconvenience, grief, anxiety, humiliation, and emotional distress. Prop 213 prevents you from obtaining compensation for any of those things.

Who Is Affected By Proposition 213?

Whether you were affected by Proposition 213 or not depends on the following:

  • If you drove a vehicle that was insured at the time of the accident, you won’t be affected by Proposition 213.
  • If you weren’t insured and drove a vehicle that wasn’t insured at the time of the accident, you may be affected by Proposition 213.
  • If you drove a vehicle that you owned but failed to insure at the time of the accident, you may be affected by Proposition 213.
  • If you were a passenger in a vehicle that wasn’t insured at the time of the accident, you won’t be affected by Proposition 213 unless you were the spouse of the uninsured driver. If one spouse purchased a vehicle and failed to insure it, the other spouse who is a passenger at the time of the accident may also be considered an owner of the vehicle under California’s community property laws. In that case, both spouses would be subject to Proposition 213 as well. In order for the passenger spouse to avoid Proposition 213, they would have to show that they didn’t have personal knowledge that the car was uninsured. Ieremia v. Hilmar Unified School District (2008) 166 Cal. App. 4th 324.
  • If you were insured and didn’t cause the accident, but you were convicted of driving under the influence at the time the accident occurred, you may be affected by Proposition 213.

Are There Exceptions to Proposition 213?

There are a number of circumstances where you might be able to avoid the consequences of Proposition 213, such as the following:

Personal Insurance

If you drive an uninsured vehicle, but you’re not the registered owner and you have insurance on a vehicle that you own, then you’re exempt from Proposition 213.

Private Property

If you’re uninsured and driving a vehicle that is uninsured, but the accident takes place on private property, then you’re exempt from Proposition 213. Parking lots are private property, for example.

An attorney in Orange County on the phone with someone in an accident with an uninsured driver to discuss Proposition 213.

Employer Owned Vehicles

If you’re uninsured and driving a vehicle that is uninsured, but the vehicle is owned by your employer, then you’re exempt from Proposition 213.

Drunk Driver

If the at-fault driver caused the accident as a result of being under the influence of drugs or alcohol, then you’re exempt from Proposition 213.

Wrongful Death

If a family member of the deceased uninsured driver is pursuing a wrongful death claim, then Proposition 213 does not apply.

Punitive Damages

If the facts of the accident are extreme enough, it may be possible to collect punitive damages against the at-fault driver in order to punish their behavior. Although you’re still subject to Prop 213, at least you’re making up what you lost from pain and suffering in punitive damages.

Should I Pursue a Personal Injury Case If I Was Not Insured?

If you weren’t at fault for the accident, then yes, you should still pursue a personal injury case even if you weren’t insured and Proposition 213 applies to you. Uninsured or not, you still deserve to have your lost wages reimbursed and your medical bills paid for.

Local Results
Man Received $100,000 Settlement for Injuries Caused by Car Accident When Struck by Reversing Vehicle
Case Type Car Accident
Location California
Settlement $100,000
Living in Orange County, I come across accidents every day during my commute to Irvine and on my way back home to Lake Forest. While I can’t assist everyone on the spot, in my role as the Intake Manager, I do have the opportunity to be that crucial first point of contact, providing assistance and alleviating stress for those uncertain bout their next steps.

Text Kevin Accident Attorneys – Orange County Proposition 213 Accident Attorneys

If you’re subject to Proposition 213 because you were uninsured at the time of an accident, you’re not alone. It is estimated that about one in eight drivers nationwide are uninsured according to the Insurance Research Council. In California and Orange County, in particular, the number of uninsured drivers may be higher due to affordability and the high costs of living here.

There are all sorts of other reasons that you might have been uninsured at the time of the accident. Perhaps you just bought a new car and got into an accident before you had a chance to insure it; perhaps you were in the process of changing insurance companies, or perhaps your insurance lapsed because you accidentally missed a payment. Whatever the case may be, you still have a right to seek compensation for your medical bills, lost wages, and out-of-pocket expenses. It’s important that you contact an experienced attorney that will leave no stone unturned in helping you collect money.

As Orange County Proposition 213 accident attorneys, we regularly represent the interests of victims who have been treated unfairly by an insurance company. Text Kevin Accident Attorneys is committed to handling your injury claim from start to finish and will fight to make sure that you receive the money you deserve. If you’ve been injured as a result of an accident but were uninsured at the time it happened, contact the Text Kevin Accident Attorneys to speak with one of our Orange County personal injury attorneys at (800) 900-9393.

Orange County FAQs

The distance between central Orange County (e.g., Santa Ana) and downtown Los Angeles is approximately 30 to 40 miles, but actual distances may vary based on specific locations within each county.

As of January 2022, Orange County, California, had an estimated population of around 3.2 million people.

As of January 2022, Orange County, California, consists of 34 incorporated cities.

The Orange County Fair typically takes place during the summer months. However, specific dates may vary from year to year.

The main airport serving Orange County, California, is John Wayne Airport (SNA). It is located in Santa Ana, approximately 35 miles southeast of Los Angeles and about 2 miles from the city center of Irvine. John Wayne Airport is a major airport in the region, providing domestic flights and serving as a gateway to and from Orange County.

Orange County, California, covers an area of approximately 948 square miles (2,455 square kilometers).

Orange County Points of Interest

A world-famous theme park located in Anaheim, offering a magical experience with various themed lands, attractions, and entertainment.

Location: 1313 Disneyland Dr, Anaheim, CA 92802


A popular amusement park with thrilling rides, live entertainment, and the famous Mrs. Knott’s Chicken Dinner Restaurant.

Location: 8039 Beach Blvd, Buena Park, CA 90620


An iconic pier in Huntington Beach, known for its vibrant atmosphere, sandy beaches, and excellent surfing conditions.

Location: 325 Pacific Coast Highway, Huntington Beach, CA 92648


A charming island community in Newport Beach, known for its scenic harbor, waterfront homes, and the Balboa Fun Zone.

Location: 206 Marine Avenue, Newport Beach, CA 92662


Home to the Los Angeles Angels baseball team, this stadium offers an exciting venue for sports enthusiasts.

Location: 2000 E Gene Autry Way, Anaheim, CA 92806


A historic Spanish mission, known as the “Jewel of the Missions,” featuring beautiful gardens, preserved adobe buildings, and the famous swallows.

Location: 26801 Old Mission Rd, San Juan Capistrano, CA 92675


Orange County Auto Body Shops

Orange County Neighborhoods We Serve

  • Aliso Viejo
  • Las Flores
  • Anaheim
  • Los Alamitos
  • Brea
  • Midway City
  • Buena Park
  • Mission Viejo
  • Costa Mesa
  • Newport Beach
  • Coto de Caza
  • Orange
  • Cypress
  • Placentia
  • Dana Point
  • Rancho Mission Viejo
  • Fountain Valley
  • Rancho Santa Margarita
  • Fullerton
  • Rossmoor
  • Garden Grove
  • San Clemente
  • Huntington Beach
  • San Juan Capistrano
  • Irvine
  • Santa Ana
  • La Habra
  • Seal Beach
  • La Palma
  • Silverado
  • Ladera Ranch
  • Stanton
  • Laguna Beach
  • Trabuco Canyon
  • Laguna Hills
  • Tustin
  • Laguna Niguel
  • Villa Park
  • Laguna Woods
  • Westminster
  • Lake Forest
  • Yorba Linda

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