If you were injured in a crash with an uninsured driver or someone with insufficient insurance coverage, uninsured driver injury claims in Orange County and Proposition 213 could have a major impact on your rights and recovery. California has specific insurance rules that limit injury claims when the at-fault driver is uninsured, and Orange County judges and juries apply those laws strictly.

What Is Proposition 213?
Proposition 213 (Prop 213) is a California ballot measure enacted in 1996 that limits uninsured motor vehicle injury recovery. Prop 213 prevents uninsured drivers from recovering non-economic damages, including pain and suffering, from drivers who were at fault for a crash and also lacked insurance when the crash happened.
In a situation where both the at-fault driver and the injured victim were uninsured, Prop 213 severely restricts the ability to recover for injuries.
Orange County is one of Southern California’s busiest areas, with freeways including the 405, 55, 73, and 57 freeways all handling heavy traffic loads daily. Tourists, commuters, and rental vehicles all mix with local drivers on these roads. Accidents with uninsured drivers occur throughout Anaheim, Irvine, Santa Ana, and other Orange County cities and towns.
Orange County Uninsured Driver Injury Laws
In California, drivers are generally required to carry at least minimum liability insurance covering bodily injury and property damage, and the minimums established by law were set with the intention of ensuring that all drivers would have some coverage if they caused a crash. However, the following still rings true:
- Not all drivers have insurance.
- Minimum coverage is not full coverage.
- Drivers from out of state may not carry insurance meeting California minimums.
When an uninsured driver injures another person, the injured person may seek compensation from other sources, including their own uninsured/underinsured motorist (UM/UIM) coverage if they have that option.
Proposition 213, however, prevents an injured driver from recovering non-economic damages if the injured driver was themselves uninsured when the accident happened.
Your Legal Options After a Crash With an Uninsured Driver
Keep in mind that even if Prop 213 is a factor in a case, there may still be legal options. Some of your options include:
- Your own uninsured/underinsured motorist coverage. If your own auto policy had UM/UIM coverage, then you can pursue a claim for those benefits against your own carrier. UM/UIM insurance is designed to step in when the at-fault driver is underinsured or uninsured.
- Health insurance or medical payments coverage. If you lack UM/UIM coverage but have health insurance or have had MedPay coverage on your auto policy, that may help with some healthcare bills and expenses.
- Third-party claims. A delivery company, employer, or automobile manufacturer can bear liability even if the other driver lacked insurance coverage. Those claims are not the same as an uninsured motorist claim, and may not be limited by Prop 213.
- Pursue only economic damages. Proposition 213 or similar laws only prevent injured victims from seeking non-economic damages. Victims can still pursue economic damages in civil court through a civil claim.
According to the Federal Highway Administration, there were over 235 million licensed drivers in the United States in 2022. 14% of those drivers either lacked insurance or had insufficient coverage to cover accident damages, according to a 2023 study by the Insurance Research Council. Compared to 14.2% in 2021, this was marginally lower. In California, there were 17% of uninsured drivers.
Hire a Car Accident Lawyer
Hiring a car accident lawyer with experience in uninsured driver injury claims in Orange County can help. A car accident attorney knows how to work around the Prop 213 restrictions, handle UM/UIM insurance claims, and explore liability by other responsible parties. An attorney understands car accident laws and can preserve causation evidence, prepare legal arguments, and negotiate or litigate for the greatest recovery.
About Easton & Easton
Easton & Easton is a family-owned and operated personal injury law firm with over 100 years of combined litigation experience. The firm has been instrumental in recovering hundreds of millions of dollars and has been recognized by the top legal organizations in the nation. The firm’s clients are injured victims from all over Orange County.
At Easton & Easton, we are prepared to battle insurance companies to get you the compensation you deserve for uninsured driver injury claims and complex auto accident cases.
FAQs
What Is the Loophole of Prop 213?
The primary loophole in Prop 213 is that it only applies to bar recovery of non-economic damages when the injured person was uninsured when the crash occurred. If the at-fault driver was insured, or the injured person had uninsured motorist coverage, pain and suffering damages may be available. Claims against third parties may also be outside Prop 213.
What Happens if You Get Hit By an Uninsured Driver in California?
In the event that an uninsured driver is responsible for your accident, you can seek damages from your own uninsured motorist coverage if your policy provides for this. If you are unable to recover from your uninsured motorist coverage, or if it does not apply, you may only be able to recover economic damages, such as medical expenses and lost wages.
How Does Prop 213 Work?
Prop 213 bars uninsured drivers from recovering non-economic damages after an auto accident. If you were driving without insurance when the collision happened, you typically can’t recover for pain and suffering regardless of the other driver’s fault. You can still pursue economic damages, and there may be exceptions depending on insurance coverage or liability.
Am I Covered If Hit By an Uninsured Driver?
Coverage will vary based on your insurance policy. Uninsured motorist coverage, if you have it, will reimburse you for injuries caused by an uninsured driver, including pain and suffering. If you don’t have that coverage, your options may be limited. A lawyer can discuss your policy and your options after an accident with an uninsured driver.
Contact Easton & Easton Today
If you were injured in a car accident that involves Prop 213, Easton & Easton can help you understand your legal options and your rights under the law. We can help you seek the compensation you deserve. Contact us today for a free consultation.