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League of Women Voters of California

LWV California Education Fund Nonpartisan Analysis of

Proposition 213

Limitation on Recovery to Felons. Uninsured Motorists. Drunk Drivers.

Initiative Statute

The Question

Should uninsured drivers, or drivers convicted of driving under the influence of alcohol or drugs at the time of an accident, be prevented from suing for non-economic losses; and, should a person convicted of a felony be prevented from suing for injuries suffered while committing a crime or fleeing from the scene of the crime?

The Situation

Under existing law, someone who has been injured in a motor vehicle accident may sue the person at fault for the injury to cover economic (property damages, medical expenses, lost wages) and non-economic losses (pain and suffering). Currently, a person who is injured while breaking the law may sue on the basis of the other person's negligence in causing the injury.

The Proposal

Proposition 213 would:
  • deny recovery of damages to a convicted felon whose injuries were caused during the commission of a crime or while fleeing from the scene of the crime even if negligence can be proven.
  • deny recovery for non-economic damages to convicted drunk drivers and to uninsured motorists who were injured while operating a vehicle.
Fiscal effect: Because fewer lawsuits would be filed, court costs would be reduced by an unknown but probably insignificant amount. Fewer lawsuits filed against state and local governments would result in unknown savings.

Supporters Say

  • the system should not reward those who break the law.
  • Proposition 213 benefits consumers by making auto insurance more affordable for everyone.

Opponents Say

  • this is simply a rerun of no-fault auto insurance (Proposition 200) that voters rejected last March.
  • a reckless driver who is insured could avoid paying for damages and injuries to a person who is not insured.
(Analysis prepared by the League of Women Voters of California Education Fund.)

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Last updated: October 20, 1996
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