According to the California DMV on November 5, 1996, the voters of the State of California passed Proposition 213 which restricted the eligibility of certain California drivers to recover certain types of damages from insured drivers, even if the insured driver is at fault. One of the specific restrictions under Proposition 213 is that uninsured motorists will no longer be eligible to collect non-economic damages for their injuries.

The provisions of Proposition 213 are embodied in the Civil Code Sections 3333.3 and 3333.4. Civil Code Section 3333.3 prohibits a person from recovering any damages if the injured person's injuries were in any way proximately caused by the injured person's committing of any felony or immediate flight there from and that person is convicted of that felony. Civil

Code Section 3333.4 restricts owners and operators of motor vehicles injured in a motor vehicle accident from recovering non-economic losses for compensation for pain, suffering, inconvenience, physical impairment, disfigurement, and other non-pecuniary damages if the injured person was not insured at the time of the accident as required by the Financial Responsibility Laws of the State of California, or if the injured person was driving under the influence and was convicted of that offense. Such a person, however, although uninsured, may recover such damages if at the time of the accident that person was injured by another who was convicted of driving under the influence.

From this last part it would appear that the 17 year old driver would be able to make a claim against the other person since the at fault driver was drunk or cited for a DUI. To be certain about this he may want to check with the consumer division of the CA Department of Insurance.

The teen and his mother should not drive a vehicle if it is not insured. The penalties for being cited for driving without insurance in California may include fines up to $500 plus penalties, impoundment of the vehicle and suspension of the driver's license. If the vehicle is impounded the owner will have to pay for all storage and tow charges as well.

Comment Update: You will need to seek legal counsel to your question. A person is not typically referred to as an insurance code or law, so we don't understand how "he would be a Proposition 213".