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You could face fines and license suspension if you get into an accident with no car insurance, though the exact penalties vary by state.
If you cause an accident without insurance in an at-fault state, the other driver could sue you for damages. No-fault states often have restrictions on your ability to sue after a car accident.
Some states have “No-Pay, No-Play” laws that prohibit uninsured drivers from suing the other driver in an accident, even if the other driver caused the crash.
The consequences of driving without insurance depend on your state, but they typically include fines and license suspensions.
Full-coverage car insurance rates are nearly 62% higher for drivers who have an accident while uninsured, according to Insurify data.
Some insurers may decline to cover you at all when you shop for auto insurance after being in an uninsured accident.
Driving without insurance is illegal in every state except New Hampshire.[1] If you get into an accident while driving uninsured, you’ll probably be in trouble with the law, even if you didn’t cause the crash. It’s important, though, that you don’t make your situation worse by fleeing the scene.
If you have insurance but the other driver is uninsured, you’ll need to take swift action and file your claim within a few days to avoid denied claims. Uninsured motorist coverage usually requires you to file a claim within 30 days of the accident.
Here’s what to do immediately after an uninsured accident:
Remain on the scene, even if you’re the uninsured driver.
Check for injuries and call an ambulance if necessary.
Report the accident to the police.
Make a note of the other car’s make, model, and license plate.
Get contact information from the other driver and any witnesses. If the other driver has insurance, get their insurance information.
Take photos of the damage to all vehicles.
Don’t offer or accept cash in place of filing a claim.
If you’re the insured driver, file a claim with your insurance company.
If you’re the uninsured driver, cooperate fully with the authorities to avoid any additional penalties.
Agent Tip: How to handle communication with law enforcement after a car crash
“It’s important to think clearly and respond honestly to law enforcement after you’ve been in a crash. Never admit fault or misrepresent your coverage situation at the scene. Honesty may not win you any points, but lying will definitely make things worse.”
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Who’s responsible for paying damages depends on which driver is uninsured — the one who caused the crash or the innocent driver — whether the crash occurs in an at-fault or no-fault state, and what types of coverage the insured driver actually has.
In an at-fault state, the driver who caused the crash is typically liable for damages and injury-related medical costs. In no-fault states, each driver’s own insurance covers their injuries, and the at-fault driver’s insurance covers property damage.
But when one driver is uninsured, things get complicated.
If the Uninsured Driver …  | State Fault System | Who Pays | Will Someone Sue? |
|---|---|---|---|
| Caused the accident | In an at-fault state | The not-at-fault driver’s collision, uninsured motorist coverage, and health insurance will cover up-front costs. | The not-at-fault insurer can attempt to sue the uninsured at-fault driver to recoup its losses. The innocent driver can also try to sue the responsible driver for any excess expenses insurance doesn’t cover. |
| Caused the accident | In a no-fault state | The not-at-fault driver’s personal injury protection coverage will pay for their injuries. If they have collision coverage, it will cover their vehicle damage. | Your ability to sue may be limited in a no-fault state. And even if you win a judgment against the at-fault driver, getting them to pay may still be a challenge. |
| Didn’t cause the accident | In an at-fault state | The uninsured driver can file a claim with the at-fault driver’s property damage and bodily injury liability coverage. | The uninsured driver may be able to sue the at-fault driver for excess expenses not covered by insurance. But they’ll also face serious penalties and fines for driving uninsured. |
| Didn’t cause the accident | In a no-fault state | The at-fault driver’s property damage liability can pay for the uninsured driver’s vehicle damage. But since the uninsured driver doesn’t have PIP, they won’t be able to file a bodily injury claim. | The not-at-fault driver’s ability to sue may be limited. And if the crash occurs in a “No-Pay, No-Play” state, the uninsured driver may not be able to get paid for their damages and injuries at all. |
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The penalties for driving without insurance include fines and license suspensions. The exact penalties vary by state. Delaware and New York have the harshest penalties, fining uninsured drivers up to $1,500.
Penalties also depend on the circumstances. Being in an accident without insurance may have harsher penalties than being pulled over without insurance.
The table below shows the types of penalties for uninsured drivers in all 50 states and Washington, D.C.
State | First-Offense Fine | License Suspension | SR-22 Required | No-Pay, No-Play Law |
|---|---|---|---|---|
| Alabama | $500 | 6 months | Yes | No |
| Alaska | $500 | 90 days | Yes | No |
| Arizona | $500 | 3 months | Yes | No |
| Arkansas | $100 | Vehicle registration suspended until you provide proof of insurance | In some cases | No |
| California | $100 | Up to 4 years | Yes | Yes |
| Colorado | $500 | Until you provide proof of insurance | Yes | No |
| Connecticut | $100 | 1 month | No | No |
| Delaware | $1,500 | Vehicle registration suspended until you provide proof of insurance | No | No |
| Florida | $500 | Up to 3 years | Yes | No |
| Georgia | $60 | 60 days | Yes | No |
| Hawaii | $500 | 3 months | Yes | No |
| Idaho | $75 | Until you provide proof of insurance | Yes | No |
| Illinois | $500 | Vehicle registration suspended until you provide proof of insurance | Yes | No |
| Indiana | Varies | Until you provide proof of insurance | Yes | Yes |
| Iowa | $325 | Vehicle registration suspended until you provide proof of insurance | Yes | Yes |
| Kansas | $300 | Until you provide proof of insurance | Yes | Yes |
| Kentucky | $500 | Vehicle registration suspended for 1 year | No | No |
| Louisiana | $500 | 180 days | Yes | Yes |
| Maine | $100 | Until you provide proof of insurance | Yes | No |
| Maryland | $200 | Until you provide proof of insurance | FR-19 is required | No |
| Massachusetts | $500 | Vehicle registration suspended until you provide proof of insurance | No | No |
| Michigan | $500 | 30 days | Yes | Yes |
| Minnesota | $200 | Until you provide proof of insurance | No | No |
| Mississippi | $300 | 1 year or until you provide proof of insurance | Yes | No |
| Missouri | $20 | Up to 1 year | Yes | Yes |
| Montana | Up to $500 | Vehicle registration suspended until you provide proof of insurance | Yes | No |
| Nebraska | $50 | Until you provide proof of insurance | Yes | No |
| Nevada | $250 | Until you provide proof of insurance | Yes | No |
| New Hampshire | N/A | N/A | Yes | No |
| New Jersey | Varies | Varies | No | Yes |
| New Mexico | $300 | Vehicle registration suspended up to 1 year | No | No |
| New York | Up to $1,500 | Until you provide proof of insurance | No | No |
| North Carolina | $50 | Vehicle registration suspended until you provide proof of insurance | No | No |
| North Dakota | $150 | Until you provide proof of insurance | Yes | Yes |
| Ohio | $75 | 90 days | Yes | No |
| Oklahoma | $250 | Varies | No | No |
| Oregon | $130 | Until you provide proof of insurance | Yes | Yes |
| Pennsylvania | $500 | Vehicle registration suspended for 3 months | No | No |
| Rhode Island | $100 | License and registration suspension for 3 months | No | No |
| South Carolina | $700 | Until you provide proof of insurance | Yes | No |
| South Dakota | $50 | Until you provide proof of insurance | Yes | No |
| Tennessee | $25 | Vehicle registration suspended until you provide proof of insurance | Yes | No |
| Texas | $175 | Until you provide proof of insurance | Yes | No |
| Utah | $400 | Until you provide proof of insurance | Yes | No |
| Vermont | Up to $500 | Until you provide proof of insurance | Yes | No |
| Virginia | $600 | Until you provide proof of insurance | Yes | No |
| Washington | $550 | 3 years or until you provide proof of insurance | Yes | No |
| Washington, D.C. | $150 | Vehicle registration suspended until you provide proof of insurance | Yes | No |
| West Virginia | $200 | 30 days | No | No |
| Wisconsin | Up to $500 | 1 year or until you provide proof of insurance | Yes | No |
| Wyoming | Up to $750 | Until you provide proof of insurance | Yes | No |
Each state has either at-fault or no-fault insurance laws. At-fault states require drivers to carry a minimum amount of bodily injury liability insurance. After an accident, an injured driver files their bodily injury claim with the at-fault driver’s insurance company.
No-fault states don’t mandate bodily injury liability insurance. Instead, they require all drivers to carry personal injury protection (PIP). If a driver is injured in a crash, they’ll file their injury claim with their own PIP, regardless of who caused the accident.
Insurance rules in no-fault states also often limit drivers’ ability to sue after an accident.[2]
12 states have no-fault insurance laws:
Florida
Hawaii
Kansas
Kentucky
Massachusetts
Michigan
Minnesota
New Jersey
New York
North Dakota
Pennsylvania
Utah
Most no-fault states require drivers to carry a minimum amount of PIP coverage, but Michigan’s rules are slightly different. The state offers six PIP coverage levels for drivers to choose from, as well as a PIP medical opt-out option, depending on their Medicaid status.[3]
Some no-fault states, including Kansas, Michigan, New Jersey, and North Dakota, also have a “No-Pay, No-Play” rule. This rule prevents uninsured motorists from recovering non-economic damages (such as pain, suffering, and emotional distress) from an insured driver who caused the accident.
Your car insurance costs could increase by 21% if you let your car insurance policy lapse, according to Insurify data. If you have an accident during an insurance lapse, your rate will increase by an average of 62%.
The national average monthly cost of an SR-22 policy is $180.
The following table shows example full-coverage averages from different insurers after an accident, with and without insurance.
Insurance Company | Average Monthly Quote: Accident With Insurance | Average Monthly Quote: Accident Without Insurance |
|---|---|---|
| Allstate | $202 | $431 |
| Auto-Owners | $116 | $140 |
| Direct Auto | $233 | $282 |
| Farmers | $289 | $350 |
| GEICO | $193 | $234 |
| Liberty Mutual | $277 | $335 |
| Nationwide | $259 | $313 |
| State Farm | $143 | $173 |
| Travelers | $265 | $321 |
| USAA | $141 | $171 |
Getting insurance coverage quickly after an uninsured accident could help minimize penalties, such as fines and license suspensions. Here’s how to get car insurance after an uninsured accident:
Research the minimum liability insurance requirements in your state.
Get quotes from several insurers and compare costs and coverage.
Purchase a policy and get proof of insurance, like an SR-22 form.
Contact your state’s department of motor vehicles to pay any applicable fines and show proof of insurance.
Pay any necessary license reinstatement fees.
Maintain an SR-22 as required by your state’s laws.
You may need to shop around for an insurance policy after an accident if you have no insurance. If you have trouble finding coverage, check whether your state offers an auto insurance program for high-risk drivers, like the Massachusetts Auto Insurance Plan (MAIP) or the Ohio Automobile Insurance Plan (OAIP).
Compare rates from top insurers with Insurify
Whether you can sue an uninsured driver after an accident they caused depends on your state’s insurance laws. No-fault states typically limit a driver’s ability to sue after an accident, regardless of who caused it.
Some states prohibit uninsured drivers from suing for non-compensatory damage, or bar them from suing at all.
But even if you can sue an uninsured driver after an accident they caused, and even if you win, that doesn’t mean you’ll be able to collect money from them.
If you win the lawsuit, the court could issue a judgment lien or order wage garnishment. But an uninsured driver might not have many assets, which could limit your ability to collect the judgment.
It’s also important to know the statute of limitations in your state for filing personal injury claims. For example, New Yorkers must file their lawsuit within three years of the car accident, while Illinoisans have two years to sue.
If you’re unsure whether to pursue a lawsuit after an uninsured accident, consider consulting a personal injury lawyer for legal advice.
The answers to some of the most common questions about no-car-insurance accidents can help you understand your options.
That depends on whether your state has a “No-Pay, No-Play” law. No-Pay, No-Play laws prevent uninsured drivers from making a claim against an at-fault driver for non-economic damages, like pain and suffering.
Most states will suspend your license or vehicle registration if you get into an accident without insurance. The suspension length varies by state, but many states will reinstate your registration or license if you provide proof of insurance, such as an SR-22 form.
Depending on your state, you may have to pay a fine of up to $1,500 if you get into an accident without insurance. You also may face court judgments and higher car insurance rates in the future.
In some states, you can file a claim with an at-fault driver’s insurance even if you’re uninsured. But in states with No-Pay, No-Play laws, you can’t collect compensation for non-economic damages.
That depends on where you live. Some states may require you to file an SR-22 form as proof of insurance for several years after a car insurance lapse.
It depends on where you live and the severity of the crash. Some states may impose jail time for drivers caught without insurance.
Yes, if the other driver sues you for damages and the court issues a judgment lien against you.
Insurify data scientists analyzed more than 190 million quotes served to car insurance applicants in Insurify’s proprietary database to calculate the premium averages displayed on this page. These premiums are real quotes that come directly from Insurify’s 500+ partner insurance companies in all 50 states and Washington, D.C. Quote averages represent the median price for a quote across the given coverage level, driver subset, and geographic area.
Unless otherwise specified, quoted rates reflect the average cost for drivers between 20 and 70 years old with a clean driving record and average or better credit (a credit score of 600 or higher).
Liability-only premium averages correspond to policies with the following coverage limits:
Quotes for Allstate, Farmers, GEICO, State Farm, and USAA are estimates based on Quadrant Information Services’ database of auto insurance rates.
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)
)
)
)
)
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16+ years in personal finance and insurance writing
Certified Financial Education Instructor
Licensed auto and home insurance agent
4+ years experience in insurance and personal finance editing
NPN: 20564519
Featured in
Licensed property and casualty insurance agent
10+ years editing experience
NPN: 20461358
Featured in
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