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California Civil Code Section 3333.4

Legal Research Home > California Laws > Civil Code > California Civil Code Section 3333.4

3333.4.  (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.


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Last modified: March 17, 2014