(a)Except as provided in subdivision (c), in any action to recover damages arising out of the operation or use of a motor vehicle, a person shall not recover non-economic losses to compensate for pain, suffering, inconvenience, physical impairment, disfigurement, and other nonpecuniary damages if any of the following applies:
(1)The injured person was at the time of the accident operating the vehicle in violation of Section 23152 or 23153 of the Vehicle Code, and was convicted of that offense.
(2)The injured person was the owner of a vehicle involved in the accident and the vehicle was not insured as required by the financial responsibility laws of this state.
(3)The injured person was the operator of a vehicle involved in the accident and the operator can not establish his or her financial responsibility as required by the financial responsibility laws of this state.
(b)Except as provided in subdivision (c), an insurer shall not be liable, directly or indirectly, under a policy of liability or uninsured motorist insurance to indemnify for non-economic losses of a person
injured as described in subdivision (a).
(c)In the event a person described in paragraph (2) of subdivision (a) was injured by a motorist who at the time of the accident was operating his or her vehicle in violation of Section 23152 or 23153 of the Vehicle Code, and was convicted of that offense, the injured person shall not be barred from recovering non-economic losses to compensate for pain, suffering, inconvenience, physical impairment, disfigurement, and other nonpecuniary damages.
Notes of Decisions
Cited in
27
cases (
2 in the last 5 years), 1997–2024 · leading case:
Day v. City of Fontana, 19 P.3d 1196 (Cal. 2001).
Day v. City of Fontana, 19 P.3d 1196 (Cal. 2001).
· cites it 4× “Although the case was classified as a fast track action, it was not called for trial until May 1997; by then, Civil Code section 3333.4, enacted as part of The Personal Responsibility Act of 1996, had gone into effect.”
Hodges v. Superior Court, 980 P.2d 433 (Cal. 1999).
· cites it 6× “Civil Code section 3333.4, enacted by the voters in the 1996 General Election as part of Proposition 213, precludes recovery of "non-economic losses to compensate for pain, suffering, inconvenience, physical impairment, disfigurement, and other nonpecuniary damages" by an…”
Allen v. Sully-Miller Contracting Co., 47 P.3d 639 (Cal. 2002).
· cites it 4× “Known as The Personal Responsibility Act of 1996, Proposition 213 sought to restrict the ability of uninsured motorists, convicted drunk drivers, and convicted felons to recover for losses suffered in accidents.”
Yoshioka v. Superior Court of Los Angeles Cnty., 97 Cal. Daily Op. Serv. 8267 (Cal. Ct. App. 1997).
· cites it 4× “83 percent of the voters of the State of California, creating California Civil Code section 3333.4. This initiative prohibits uninsured motorists and drunk drivers from collecting noneconomic damages in any action arising out of the operation or use of a motor vehicle.”
Honsickle v. Superior Court, 99 Cal. Daily Op. Serv. 864 (Cal. Ct. App. 1999).
· cites it 5× “(Civ. Code, § 3333.4) 3 The issue presented here poses the question of whether Civil Code section 3333.”
Vargas v. Athena Assurance Co., 115 Cal. Rptr. 2d 426 (Cal. Ct. App. 2001).
· cites it 2× “” (Civ. Code, § 3333.4, subd. (a)(2).) Vargas owned the vehicle he drove during the accident and had no personal auto insurance.”
Ochoa v. Dorado, 228 Cal. App. 4th 120 (Cal. Ct. App. 2014).
“First, the court concluded that the Williamsburg policy provided coverage for Plaintiffs only if they had their own liability insurance, and they had none, so they were uninsured and therefore were precluded from recovering noneconomic damages pursuant to *131 Civil Code section…”
Wilson v. John Crane, Inc., 97 Cal. Rptr. 2d 240 (Cal. Ct. App. 2000).
“111-112; Civ. Code, § 3333.4.) The court found the quoted phrase “not pellucid,” and in particular found “arising out of’ to be less than “transparent.”
Valentich v. United States, 194 F. Supp. 3d 1033 (E.D. Cal. 2016).
“4, it states: (a) Except as provided in subdivision (c), in any action to recover damages arising out of the operation or use of a motor vehicle, a person shall not recover non-economic losses to compensate for pain, suffering, inconvenience, physical impairment, disfigurement,…”
Savnik v. Hall, 99 Cal. Daily Op. Serv. 7100 (Cal. Ct. App. 1999).
· cites it 2× “Two questions are raised by this appeal: (1) was it error for the trial court to refuse to strike the noneconomic portion of plaintiff Savnik’s damages by retroactively applying Proposition 213 (Civ. Code, § 3333.4) to the case at bar?; and (2) did Conant’s status on the…”
Davis v. Am. Youth Soccer Org., 64 V.I. 37 (2016).
“In their reply memorandum, and during the portion of the oral arguments addressing the applicability of 20 V.I.C. § 555(a), the AYSO Defendants’ counsel also drew comparisons to two California cases that barred plaintiffs from recovering non-economic damages in automobile…”
Madrigal v. Allstate Ins. Co., 215 F. Supp. 3d 870 (C.D. Cal. 2016).
“” Cal. Civ. Code § 3333.4 (a)(2). . Mrs. Tang also testified that she had spoken with Varela "weeks or months” after the accident about her restaurant insurance and her potential liability.”
— Cal. Civil Code § 3333.4(a) — 1 case
— Cal. Civil Code § 3333.4(a)(2) — 1 case
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