# Can being uninsured affect my own injury claim? Canonical: https://californiapersonalinjurylaws.com/guides/uninsured-injured-driver/ Reviewed by Andrew (Andy) R. Gillin; publisher reported approval on 2026-11-04. Original review date was not supplied. ## Short answer Yes. If you drove without insurance, state law may limit what you can claim for pain and other nonfinancial harm. This can apply even when the crash was not your fault. ## Hypothetical example A car owner has no insurance. Another driver hits them. They need to check which losses they can claim. ## How the rule works Civil Code section 3333.4 limits some claims for pain and other nonfinancial losses. It applies in certain motor vehicle cases. Bills and lost pay are different types of losses. The law has exceptions. ## Fault and damage limits are separate 1. **Check your role**: Owner, driver, passenger, and coverage facts may matter. 2. **Separate the losses**: Bills and lost pay differ from pain and suffering. 3. **Check exceptions**: Read the law and the facts before ruling a claim out. A review must check both. This diagram does not decide whether Prop 213 applies to you. ## What does Prop 213 mean? Prop 213 is the name often used for the law behind these damage limits. Civil Code section 3333.4 can bar certain people from claiming money for pain and other nonfinancial harm after a motor vehicle event. This is different from proving fault. A driver may have caused the crash, yet a separate rule may limit some damages claimed by an uninsured person. Your role as an owner, driver, or passenger matters. Do not confuse a coverage-based damage limit with [how shared fault works](https://californiapersonalinjurylaws.com/guides/partly-at-fault/). To understand the type of loss at issue, read [pain and suffering damages](https://californiapersonalinjurylaws.com/guides/pain-and-suffering/). Sources: [Civil Code § 3333.4 — Limits on certain damages](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=3333.4.) ## Keep the kinds of loss separate Medical costs and lost pay are financial losses. Pain and loss of enjoyment are different. A limit on one kind of loss does not, by itself, answer every part of the claim. The statute has exceptions. Hodges also addresses a narrow claim about a car’s unsafe design. That decision is not a general exception for every uninsured driver. For financial harm, compare [medical costs in an injury claim](https://californiapersonalinjurylaws.com/guides/medical-costs/). Keep separate records for [proof of missed work](https://californiapersonalinjurylaws.com/guides/missed-work/). Sources: [Civil Code § 3333.4 — Limits on certain damages](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=3333.4.); [Hodges v. Superior Court (1999) 21 Cal.4th 109](https://law.justia.com/cases/california/supreme-court/4th/21/109.html) ## What can change the answer The rule applies to certain people and has exceptions. It does not mean every person without insurance has no claim. Bills and lost pay need a separate review. ## A useful next step Ask a lawyer to check your role, your coverage, and the crash facts. ## Does having no insurance mean I have no injury claim? No. It can limit some damages in covered situations. It does not settle all questions about fault, financial loss, or exceptions. Get the exact role and facts checked. ## Can I use the Hodges case for any car crash? No. It dealt with an unsafe-design claim against a car maker. A claim that another driver drove carelessly is a different setting. ## Court decisions behind this answer ### 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. Limit: That is not the rule for every crash claim. A claim based on careless driving needs its own review. Source: https://law.justia.com/cases/california/supreme-court/4th/21/109.html ## Sources - [Civil Code § 3333.4 — Limits on certain damages](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=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.