What Happens if You're Caught Driving Without Car Insurance?

Driving without car insurance is illegal. If you're caught, you'll get slapped with tickets and fines as well as the suspension of your license and registration. You may even end up in prison! Each state sets its own minimum requirements and you will need to meet them if you want to drive legally. In most states, the penalties for driving uninsured increase in severity for repeat offenses. The financial consequences of a second or third violation will be more costly than the cost of buying car insurance.

Below we provide a state-by-state breakdown of the consequences of driving without insurance.

On This Page

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  Is it Illegal To Not Have Car Insurance?

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  What Happens if You Get Pulled Over for Driving Without Insurance?

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  How Much Is the Fine for Driving Without Insurance?

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  Other Penalties by State

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  What Are the Consequences of Getting Into an Accident While Uninsured? 

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  What To Do if You're Driving Without Car Insurance

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  States With the Highest Percentage of Uninsured Drivers

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  FAQs

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  Are You Driving Uninsured?

Is it Illegal To Not Have Car Insurance?

There are 48 out of 50 states with state laws mandating auto insurance. New Hampshire does not enforce mandatory car insurance but drivers are still encouraged to carry basic liability auto insurance and property damage coverage. Virginia drivers can opt to pay a $500 fee to legally drive their vehicles without insurance.

If you're caught driving without car insurance in states that require it, you may be subject to penalties, such as fines and the suspension of your driving privileges.

What Happens if You Get Pulled Over for Driving Without Insurance?

The penalties for driving without insurance will vary by state, but will often include fines, suspension of your license and registration, vehicle impoundment and even imprisonment. Some states may increase the severity of the penalty for each subsequent violation.

Ticket and fines

If pulled over for driving uninsured, you may get a ticket and accrue points against your driving record. For the first violation, you can expect to pay a fine ranging from $100 to $1,000 depending on your state. Some states may enforce fines up to $5,000 on a driver's second offense. With the average cost of car insurance being $1,450.92 per year, meeting your state's minimum requirements can be more cost-effective than getting caught with a second violation.

The penalties for driving without insurance include fines, suspension of your license and registration, vehicle impoundment and even imprisonment.

SR-22

If you're caught driving without a license you may need to file an SR-22 to restore your driving privileges. An SR-22 form, also called a "Certificate of Financial Responsibility," is proof supplied to your state's DMV that you have auto insurance. Your insurance company will notify the DMV if you do not maintain your coverage. Once proof of insurance is confirmed, your driver's license may be restored and your vehicle released, if impounded.

License suspension

If you're caught driving without auto insurance, some states may temporarily pause your driving privileges by suspending your driver's license, registration and license plates. The suspension may be a fixed period, such as three to six months. Other states may restore your driving privileges as soon you show an SR-22 form and require that you maintain proof of insurance for a fixed period, such as six months.

Vehicle impoundment

Your state has the authority to legally impound your car for a fixed period if you're caught driving without insurance. In Texas, for example, vehicles may be impounded for up to 180 days. The vehicle is typically returned to the driver once they show proof of a valid driver's license and auto insurance. Since drivers may be responsible for storage fees incurred daily, it incentivizes drivers to obtain insurance as soon as possible.

Imprisonment and community service

Beyond the suspension of your license, driving without car insurance can land you in jail for one day to one year (see our table below for more information).

A judge may sentence you to complete a certain number of hours of community service within a predetermined period. Examples of community service may include cleaning up public works, volunteering for charity organizations or some other type of work that would benefit the general public.

Other financial consequences

Getting caught driving uninsured comes with a slew of financial costs with some associated with the above penalties. These fees may include:

• Reinstatement fees when filing to restore your suspended driver's license.

• Fees when filing R-22 insurance.

• Higher insurance rates because car insurance companies flag you as a high-risk driver.

• Daily vehicle impoundment fees.

• Lost income from time spent in jail.

There are 48 out of 50 states with state laws mandating auto insurance.

How Much Is the Fine for Driving Without Insurance?

Fines incurred for getting caught driving without insurance may range from $100 to $5,000 based on your state and the number of offenses. In many states, the fine will increase for subsequent violations. The fine ranges below are based on first and second offenses.

Source: Consumer Federation of America

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Other Penalties by State

Beyond tickets and fines, the penalties for getting caught driving without insurance vary by state. Some states may sentence you to time behind bars or the suspension of your driving privileges, while others may not.

If pulled over for driving uninsured, you may get a ticket and accrue points against your driving record.

Below, we've compiled a list of some (but not all) penalties you may expect if you're caught driving uninsured. Keep in mind, however, that the judge may impose more severe or lenient sentencing within the law at their discretion.

Source: Consumer Federation of America
*Applies to drivers that do not have car insurance and did not pay the $500 uninsured motor vehicle fee.

What Are the Consequences of Getting Into an Accident While Uninsured? 

Whether it's yours or the other driver's fault for causing an accident, there are repercussions to driving uninsured.

If you're at fault for causing the accident, you are vulnerable to being sued by the other driver. If you suffered vehicle damages, you bear the full brunt of the cost of repairs. However, your auto insurer may have helped absorb some of the costs if you had been insured. Even if you repair your vehicle, however, a judge may revoke your driver's license and impound your vehicle for driving uninsured.

If you are not at fault for causing an auto accident, you may still face penalties, including fines and the suspension of your license. Certain states, like California or Kansas, may limit what an uninsured driver can sue for, restricting the amount you can claim from the at-fault driver. You may be able to collect compensation for medical services and property damages but you may be restricted from suing for non-economic damages, like pain and suffering.

What To Do if You're Driving Without Car Insurance

If you're currently driving while uninsured, we recommend that you stop and consider the serious consequences. Even if a fine seems minimal for a first offense, the financial setbacks can be more far-reaching than you think. In many cases, you may have to pay several fees for restoring your driving privileges, if revoked. You may also be required to file form SR-22, which may lead to higher premiums if your insurance company flags you as a high-risk driver.

If you're caught driving without a license you may need to file an SR-22 to restore your driving privileges.

If cost is a concern for you, many insurance carriers offer discounts that can lower your premiums. California, New Jersey and Hawaii have state programs for drivers that might be unable to afford insurance — qualified drivers are typically required to fall below a certain income threshold.

Compare insurance rates to find the lowest price. Different car insurance companies may charge different rates for the same levels of coverage. Shopping around and comparing quotes from multiple carriers can help you find the right coverage at the best price.

If you had car insurance but couldn't provide proof when pulled over

If you do have car insurance but couldn't show proof when pulled over, you may be able to dismiss your citation. You must show proof to the court within a certain time frame that you had valid insurance at the time of your citation, which should include the coverage period, covered vehicle and the auto insurance policy number.

Do not attempt to fabricate auto insurance. The court may contact your car insurance company to determine the validity of the documents you submitted. Supplying false information may lead to additional penalties.

Tip: Avoid this entire process by keeping proof of car insurance and car registration easily accessible in your vehicle — many drivers keep it in the glove compartment, center console or overhead sun visor. Also, consider taking a picture with your mobile device.

States With the Highest Percentage of Uninsured Drivers

The states with the highest percentage of uninsured drivers are Mississippi (29.4%), Rhode Island (16.5%) and Missouri (16.4%) according to 2019 data by the Insurance Research Council.

Below are some of the worst states for drivers and carrying uninsured motorist coverage is helpful for protecting you and your vehicle. Uninsured motorist coverage helps pay for your losses if you get into an accident with an uninsured driver.

Source: Insurance Research Council

Are You Driving Uninsured?

Multiple offenses of driving uninsured are often more financially draining than carrying home insurance. SmartFinancial might be able to help you find affordable car insurance that meets your state's minimum auto insurance coverage requirements. Based on your answers to a few questions, we analyze quotes and coverages from our 200+ insurance partners to potentially match you with the best insurance policy for your budget. Just enter your zip code below to receive your completely free quote.