Getting into a car accident when you don’t have car insurance can have serious financial and legal consequences, regardless of who’s to blame for the crash. You could face fines, jail or probation, suspension of your license or vehicle registration, and total financial responsibility for any damages stemming from the accident.
Even if you didn’t cause the accident, not having car insurance can mean you can’t recover damages from the at-fault party in some states. And an uninsured accident can make it difficult to find affordable car insurance in the future.
What happens if you caused the accident?
If you’re at fault for a car accident, the legal consequences of driving without car insurance largely depend on your state’s insurance requirements.
If you caused the accident and carry insurance, your insurer will likely increase your car insurance premiums. Depending on the accident’s circumstances, you may get a ticket for failure to control your vehicle, running a red light, or speeding.
But if you’re the at-fault driver and don’t have car insurance, several financial and legal consequences could occur:1
Fines
Jail time
License and vehicle registration suspension
Vehicle impoundment
More expensive car insurance rates
New Hampshire is the only state that doesn’t require car insurance. Instead, New Hampshire drivers can opt out of buying coverage if they can prove they meet the state’s financial responsibility requirements in the event of an at-fault accident.2
Consequences in a no-fault state
After a car accident in a no-fault state, the involved parties file injury claims with their own insurance companies and property damage claims with the at-fault party’s insurer. If you’re an uninsured motorist, you can’t file a claim, but insured drivers will.
No-fault laws limit the number of lawsuits stemming from a car accident. Someone can still sue you after an accident in a no-fault state, but the suit typically has to first meet monetary thresholds your state establishes.2
But if you don’t have insurance in a no-fault state, your options for financial recourse are limited. Not only do you have to pay for your own medical expenses, but depending on your state’s laws, the other party may also be able to sue you for damages and excess injuries.
Consequences in an at-fault state
In an at-fault state, if you cause an accident and don’t have insurance, the other driver may be able to sue you for injuries and damages. Without insurance, you may not be able to pay their medical and repair bills out of pocket, so they can pursue legal recourse to recover their damages. If you had insurance, your liability coverage would pay for their damages and injuries, which could prevent a lawsuit altogether.
Another benefit of having car insurance is if someone sues you, your insurance policy can at least partially cover your legal bills.3 If you don’t have insurance, you won’t have that backup, and you’ll have to spend your own money on court costs.
What happens if the other driver caused the accident?
If you’re an uninsured driver but didn’t cause the car accident, the other party’s insurance may pay for your car’s damages or your medical bills, depending on your state.
Even if you didn’t cause the accident, you can still face charges for driving without insurance and lose your license and car registration.
Consequences in a no-fault state
Typically, in a no-fault state, each driver would file a claim with their insurance company for medical expenses. If you aren’t insured, you’re responsible for any of your own medical bills.
No-fault states also have more stringent requirements for lawsuits from car accidents. Your damages may have to meet a monetary threshold before you can bring a suit against an at-fault driver.4
Consequences in an at-fault state
In an at-fault state, the liability insurance of the at-fault driver pays for the damages and medical bills for the other driver and passengers. So if you’re not at fault for an accident, the at-fault driver’s insurance would compensate you for your damages, medical bills, or lost wages — even if you don’t have your own insurance.
But you’ll have to deal with the other driver’s insurance company on your own since you have no insurer to intervene on your behalf. And you’ll still face your state’s civil penalties for uninsured driving.
What are ‘no-pay, no-play’ insurance laws?
Some states have no-pay, no-play laws that limit or prevent uninsured drivers from collecting money in the event of a car accident. The thinking is that if you drive uninsured, you shouldn’t benefit from other motorists having insurance.5
So if your state is a no-pay, no-play state, you can’t collect compensation for your damages or medical bills after an accident, even if it wasn’t your fault.
Eleven states have rules limiting what compensation, if any, uninsured drivers can receive after an accident:6
Alaska
California
Indiana
Iowa
Kansas
Louisiana
Michigan
Missouri
New Jersey
North Dakota
Oregon
Penalties for driving without car insurance
Driving without insurance is a risk. If authorities catch you without car insurance, you could face fines, license suspension, vehicle registration suspension, car impoundment, and even jail time. And when you get car insurance again, your costs will likely be higher because insurers will designate you a high-risk driver.
The table below includes states’ fines and penalties for driving without insurance.
What to do if you have an accident while uninsured
Here’s what to do if you have an accident, whether you’re insured or not:
If anyone is hurt, call 911.
Exchange your personal information with anyone involved in the accident or with the police.
If there were witnesses, ask for their contact information. They may be able to help the police or an insurer decide who was at fault.
Take photos and videos of the damage. Doing this can help an insurer make sense of what happened.
Depending on your state, if the police cite you for failure to show insurance, be prepared to pay any related fines and driver’s license reinstatement fees. You may also have to show proof of insurance to reinstate your license and registration, so it’s a good idea to start shopping for quotes.
Accident without insurance FAQs
Check out Insurify’s guide on car insurance grace periods. Also, read the answers to common questions about being in an accident without car insurance below.
What do you have to pay after an accident without insurance?
Depending on the state you’re in, you may be liable for not only your own injuries and damages but other parties’ injuries and damages. Furthermore, police officers may cite you for failure to provide proof of insurance at the scene of the accident, leading to possible fines and fees.
If you cause an accident without insurance are you automatically at fault?
If you cause an accident, with or without insurance, insurance companies and courts will likely deem you at fault for the accident.
Which states have no-fault insurance systems?
The following states are no-fault states, according to the Insurance Information Institute:4
Florida
Hawaii
Kansas
Kentucky
Massachusetts
Michigan
Minnesota
New Jersey
New York
North Dakota
Pennsylvania
Utah
What is uninsured motorist coverage?
Uninsured motorist coverage covers situations in which the insured person is in an accident with an at-fault driver who isn’t insured — instead of relying on the uninsured driver to pay for damages and injuries, uninsured motorist coverage will kick in. Some states include this coverage in minimum insurance requirements, and in other states, it’s optional.
Which car insurance is the cheapest?
Generally, the cheapest kind of car insurance you can get is liability-only insurance that meets your state’s minimum requirements.