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Driving Without Insurance: Consequences, Penalties, and How to Avoid Violations

Posted on January 14, 2025 in Law

There are nearly 45,000 fatal motor accidents annually in the United States. In 2019, motor crashes cost Americans over $340 billion, resulting in 4.5 million injured people and 23 million damaged vehicles.

Except in specific cases, motor vehicle insurance is mandatory for all registered vehicles in the United States. This requirement ensures that victims of motor vehicle accidents have some financial assistance to address injuries or property damage. It also reduces the financial burden on drivers at fault in an accident.

Failure to comply with insurance requirements has severe consequences. Minimum insurance requirements and penalties for violating such requirements differ by state. These range from fines to jail time.

driving insurance

Can You Drive a Car Without Insurance?

One question frequently asked by drivers is, “Is it illegal to drive without car insurance?” Yes, it is

Unless exempted, all car owners must have valid motor vehicle insurance. Each state has minimum insurance requirements, and all states require that motor vehicle insurance cover bodily harm and property damage. 

States typically require insurance coverage for bodily injury or death to others (BID) and property damage (PD) that may arise from a motor vehicle accident. 

However, some states require additional personal injury protection (PIP) coverage and accidents involving uninsured drivers (UI). Personal injury protection coverage helps you pay for injuries sustained during an accident. The uninsured coverage protects you and anyone who uses your car from expenses resulting from an accident involving an uninsured or unidentified (hit-and-run) driver.

State

Insurance Required

Arizona

BID, PD

California

BID, PD

Florida

BID, PD, PIP

Georgia

BID, PD

Massachusetts

BID, PD, PIP, UI

Michigan

BID, PD, PIP

New York

BID, PD, UI

Oregon

BID, PD, PIP, UI

Pennsylvania

BID, PD

The exceptions to mandatory motor vehicle insurance differ by state. In Oregon, a farm trailer or tractor, motor-assisted scooter, and electric personal assistive mobility device are exempted from mandatory insurance requirements. In Washington, mopeds, state or publicly-owned vehicles, and horseless carriages over 40 years old are exempted. 

Penalties for Uninsured Driving

Penalties for driving without insurance vary. In Connecticut, it is considered a Class C misdemeanor punishable by a $500 fine, three months imprisonment, or both. In Alaska, this may result in the revocation of the non-compliant driver’s license and the vehicle may be impounded. Likewise, an insured driver may have their license revoked for up to four years in California.

Immediate Consequences of Driving Without Insurance

Driving a car without insurance has immediate consequences, including traffic tickets or citations. While these consequences vary by state, they include the following:

Fines and Penalties

Drivers found guilty of driving without mandatory insurance may be subject to fines and other monetary penalties. These monetary penalties may be court-ordered fines or related administrative expenses, such as fees payable to the relevant agency, usually the Department of Motor Vehicles (DMV), to recover your vehicle and license. 

Impounding of Your Vehicle

Law enforcement may seize a vehicle for certain traffic offenses. In most states, driving a car without insurance is one such offense. 

However, upon payment of statutory or court-imposed fines, a person whose vehicle has been impounded may proceed to obtain their vehicle from impound. The process may vary by state but typically involves the following:

  • Visit your state’s DMV and present an ID, evidence of ownership and insurance, and evidence of payment of fines and fees; 
  • Obtain a Letter of Impound Release;
  • Contact or visit the tow yard where your vehicle is and present the Letter of Impound Release;
  • Pay the towing and storage fees and retrieve your vehicle.

Suspension or Revocation of Driver’s License

Another penalty for driving without insurance is the suspension or revocation of the driver’s license. In some states, this suspension may be immediate. Some states designate point values for each traffic violation and cumulative point values for each traffic or driving violation on the driver’s driving record. Once the accumulated points exceed a threshold, the driver’s license gets suspended or revoked

Each state determines the process for reinstating a driver’s license, which typically depends on why the license was suspended or revoked. For example, Tennessee has different reinstatement requirements for driving offenses, while Colorado has a more encompassing process. It is best to contact your state’s DMV for the relevant process to enable you to prepare better.

car insurance

How Driving Without Insurance Affects Your Driving Record

A driving record contains a driver’s driving information and history, including traffic violations, driving offenses, fines, and license status. This record influences the prospect of a license renewal and insurance premium costs and may affect other driving privileges.

Insurance Violations on Driving Records

Insurance violations are driving offenses. Some states attribute a point value to each driving offense on a driver’s driving record. This can stay on their driving record for up to two years upon conviction, depending on the state. 

Points on Your Record

Each state attributes a different point value for driving without mandatory insurance. North Dakota attributes six points to this offense, and the state suspends a driver’s license or privileges after accumulating 12 points for seven days for each point over 11. Other states have varying processes.

State

Point Attributed

Suspension Threshold

Alaska

6

12 points in 12 months or 18 points in 24 months

Idaho

Driver’s license may be revoked regardless of point on driving record

N/A

Kansas

Driver’s license may be revoked regardless of point on driving record

N/A

New Hampshire

4

Between 6 to 12 points in a calendar year

Pennsylvania

3

Accumulation of 11 or more points

Increased Insurance Premiums

Insurance companies can access a person’s driving records. Points accumulated on a person’s driving record indicate higher risks to the insurance company because insurance companies interpret this as a driving violation pattern. As such, drivers with a bad driving record likely pay higher premiums.  

Long-Term Impacts

Similar to how a bad driving record affects your insurance, it has other long-term impacts. High points on a driver’s record, especially because of serious driving offenses, raise credibility concerns and may affect a driver’s reputation. This may also affect employment prospects, especially for jobs that are driving-related.

Can You Remove an Uninsured Driving Violation from Your Record?

Different states have procedures and processes for expunging criminal records, including certain driving records. 

Expungement or Record-Sealing Options

Expungement is a process by which a particular record is destroyed or deleted. The expunged record is permanently removed from a person’s general records as though it never existed. Record sealing, on the other hand, is a process by which the record is restricted from public access. Only specific persons are granted access to such records.

In some states, expungement of driving violations is automatic. Maryland is an example of such a state. In Maryland, traffic offenses or driving violations may be expunged automatically between 31 days and 10 years after the conviction and completion of any sentence or court-imposed program, depending on the nature of the offense or violation.

In some states like Utah, offenders typically apply to have the driving violation expunged from their records once they have satisfied court-imposed penalties or conditions. Another example of such a state is Minnesota.

Before commencing the process of expunging a driving violation from your records, you should consult a licensed attorney or seek legal guidance. This is because the process largely varies by state. In some states, the application for expungement is filed with the court. In some, the DMV is the agency in charge of this process.

Building a Clean Driving Record

Building a clean driving record entails avoiding situations or violations that rack up traffic points on your driving record. Helpful tips in this regard include the following:

  • Drive safely;
  • Obey traffic rules and signals;
  • If you are involved in an accident, do not flee the scene, especially if you are at fault. Discuss with the other person involved, share insurance information, and aim to have it resolved;
  • If you are wrongly ticketed, contest the ticket;
  • Maintain a valid driver’s license, insurance, and registration;
  • Apply to expunge any violations on your record once you are eligible.

Maintaining a valid driver’s license, insurance, and registration is crucial. Not only does this help you avoid potentially severe penalties, but the insurance also protects you financially in the event of an accident or damage to your vehicle. It is a win-win

What to Do If You’ve Driven Without Insurance

Despite the importance of maintaining valid insurance, there could be situations whereby your insurance has expired without you realizing it. In extreme cases, you may have driven without insurance. In such cases, you should take immediate steps to address the situation before being flagged by the authorities.

Steps to Take Immediately

Helpful steps to take to immediately address driving without insurance include:

  • Getting insurance immediately. Be sure to confirm the minimum required amount in your state to ensure that your insurance coverage is adequate;
  • Refraining from driving your vehicle until you can confirm that your insurance is valid and operational;
  • If already ticketed for failing to maintain valid insurance, ensure to pay any imposed fines, complete any required programs, and recover your vehicle (if impounded).

If you are facing charges for driving violations, you should consult a licensed attorney and seek legal advice. Traffic courts or trials for traffic-related offenses may seem informal in some cases, but there may be severe consequences if you are convicted. 

You should treat a driving violation charge like any other criminal charge. Protect your reputation and contest any inconsistencies. With a licensed attorney guiding you through the process, you can avoid costly errors.

Possible defenses you can rely on in fighting an uninsured driving charge include the following:

  • The vehicle does not belong to you and you drove on the genuine assumption that it was insured;
  • The vehicle belongs to your employer and you are merely operating it in the course of employment;
  • Special reasons, such as that you had valid reasons to believe that the car was insured and the insurance was valid.

Note that making false statements in court may result in you committing the offense of perjury. Therefore, ensure your excuses or statements are truthful and not misleading.

legal advice of driving insurance

Tips for Avoiding Driving Without Insurance

The following are helpful tips for avoiding driving a car without insurance and ensuring compliance with mandatory insurance requirements.

Regularly Check Your Policy

Routinely check your insurance policy to confirm it is valid. If you are unsure about the validity period, seek clarification from your insurance broker or company. This will help prevent accidental lapses or situations in which your insurance expires without you realizing it.

Consider Affordable Insurance Options

While states have minimum insurance requirements, insurance companies also offer affordable insurance options and discounts to help comply with these requirements. Likewise, some states and insurance companies offer financial aid programs for people unable to pay up to the state’s minimum insurance requirements. You may maximize these if the standard insurance plans are pricey.

For information on such discounts or financial aid programs, you may contact your insurance company, a licensed attorney, or your state’s DMV for guidance.

Automatic Payment Options

In addition to conducting routine checks on your insurance policy, you can also set up automatic payment options to ensure that your insurance is renewed when due and does not expire,  thereby avoiding accidental lapses.

Ensuring you have valid motor vehicle insurance is crucial. Not only is it a legal requirement, but doing so protects you financially in the event of an accident or damage to your vehicle. Also, driving a car without insurance may result in legal consequences, including possible jail time, affecting your driving records, reputation, and certain job prospects. 

Beyond obtaining insurance, make sure you routinely check its validity and confirm you are adequately protected, especially in the event of regulatory changes to minimum amount requirements. Staying abreast of relevant laws and insurance notices may be helpful in this regard

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