Nakamura

In this case we hold that, under Civil Code section 3333.4, the plaintiffs—an uninsured owner and the uninsured operator of a vehicle involved in a traffic accident—are barred from recovering noneconomic damages, but the limitation on recovery of noneconomic damages in that statute does not preclude recovery of punitive damages.

Section 3333.4, a part of the Personal Responsibility Act of 1996, was enacted by initiative (Prop. 213), adopted by the electorate at the 1996 General Election. Subdivision (a) of the statute provides that “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 the injured person was the owner of an uninsured vehicle involved in the accident or was the operator of the vehicle and cannot establish financial responsibility “as required by the financial responsibility laws of this state.” Subdivision (c) of section 3333.4 is an exception for uninsured owners (but not nonowner operators) to recover noneconomic damages if the uninsured owner “was…