can face penalties, including hefty fines, license suspension, and even jail time. However, an uninsured driver is unlikely to get arrested on the spot unless they’ve been pulled over for a more serious driving offense or they’ve committed the offense multiple times.

All states except New Hampshire and Virginia require drivers to carry certain amounts of auto insurance before driving their cars. Drivers may try to cut corners and skip these insurance requirements, but the legal penalties are bound to be harsh if they are caught.

You may not get arrested for driving without insurance, but you likely won’t get off scot-free either. From upfront punishments to the long-term effects on your

car insurance

, here’s everything you need to know about the penalties for driving without your state’s mandated coverage.

MORE:

How many drivers are uninsured?

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What happens if you get caught driving without car insurance?

Drivers face varying penalties if they get caught driving without the

minimum car insurance required in their state

. However, an uninsured driver is unlikely to be arrested for this crime—though it is not impossible.

Don’t get us wrong: driving without the proper auto insurance coverage is a crime in most states—48 out of 50, to be exact. Some states consider driving without insurance to be a petty offense, others a misdemeanor, but the penalties can be fairly harsh no matter what—especially if it’s a repeat offense or it’s discovered at the time of a more serious violation.

States require drivers to carry insurance to prove financial responsibility before getting behind the wheel. In almost every state, this translates to certain amounts of

liability insurance

to cover bodily injury and property damage caused to others in an accident.

Some states even require

uninsured motorist coverage

to protect drivers against other motorists without insurance.

If you’re caught driving without your state’s mandated insurance requirements—even if you’re just on a temporary

insurance lapse

—you’ll likely face a

citation

with fines and court orders. However, some states will lessen your penalties if you acquire the mandated insurance within a certain period of time.

What happens if you get caught driving without proof of insurance?

Drivers who have a sufficient insurance policy and are caught driving without their insurance card face less harsh penalties than uninsured motorists. However, they’ll face the full wrath of the law if they don’t submit their

proof of insurance

to the court or their state’s DMV in a timely manner.

In some states, drivers caught driving without their proof of insurance will also have to

file an SR-22

with their insurance company to prove that they do carry the right coverage. Uninsured drivers who can lessen their penalties by acquiring insurance after the fact will also have to submit an SR-22, and this documentation will almost certainly raise your future car insurance rates.

MORE:

How to fill out and file an SR-22

Can you get arrested for driving without car insurance?

Technically, law enforcement can perform an arrest when you’re caught driving without car insurance. However, they’re not likely to do this unless it is in conjunction with a major traffic violation. Repeat offenders could also be at a higher risk of arrest, although this is still less likely without a major violation.

Most police officers can check whether you carry sufficient insurance coverage by running your license plates through a database.

However, driving without insurance is typically a secondary offense, meaning you can’t be pulled over for this alone. You’d first need to be pulled over for a primary offense, like speeding or a

DUI

, which is why you’re more likely to be arrested for other major violations, rather than this minor violation alone.

Take note, forging proof of insurance is certain to fail since police officers can check your insurance status before talking to you. You’re better off getting caught with no insurance at all since the

penalties for using fake proof of insurance

are far worse.

MORE:

How police catch uninsured drivers

What are the penalties for driving without insurance?

The consequences of driving a car without insurance vary from state to state and depend on whether it’s your first offense or a subsequent offense.

At the very least, you’ll face hefty fines, but you could also have your driving privileges taken away. There is also a chance that you could be sent to jail. Let’s take a look at the penalties.

Financial consequences

Uninsured drivers face traffic fines in every state for their first offense—up to $5,000 depending on where you live! In addition to ticket fines, uninsured drivers also face license or registration reinstatement fees if they want to maintain their driving privileges.

Many states also require

SR-22 insurance

for three to five years. This will almost certainly mark you as a

high-risk driver

, and you’ll face higher premiums for as long as insurance companies assess your risk in this way.

MORE:

Why car insurance is so expensive, explained

License suspension

In many states, first-time offenders face

driver’s license suspension

on top of any financial penalties. In some cases, you’ll be able to

reinstate your suspended license

once you provide proof of insurance or an SR-22, but other states won’t be as forgiving—especially if it’s a second offense.

Vehicle impoundment and loss of vehicle registration

A police officer could choose to impound your vehicle if you’re caught driving without insurance, especially if you’re involved in an accident. This decision could also be reached by the court at a later date. Similarly to a license suspension, you may also have your

vehicle registration

suspended by the state until you can provide ongoing proof of insurance.

Jail time

While it’s not common for first offenders, driving without insurance could land you jail time in states where the offense is considered a misdemeanor. You’re more likely to face a prison sentence for subsequent offenses along with higher fines and harsher restrictions on future driving privileges.

MORE:

5 driving violations that could land you in jail

What happens if you get into an accident without insurance?

You’ll face harsh penalties if you’re caught in an

at-fault car accident without insurance

. You’ll almost certainly face high fines, mandatory license suspensions (or even revocations), and you could face jail time if other drivers are injured or killed.

These penalties might sound intimidating, but it is imperative that you do not flee the scene of an accident—even if you don’t have car insurance. You’ll be in a much worse position if you’re charged with a

hit-and-run

In addition to any legal fees, uninsured drivers are also liable for any damages they’ve caused to others in an accident. Without the proper

bodily injury liability coverage

—required by all states except New Hampshire, Virginia, and Florida—any victims of an accident can sue for their medical bills and more to be covered out of pocket by an uninsured driver.

MORE:

How much do car accidents cost?

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FAQs

What happens if you drive without insurance?

Drivers who are caught operating a vehicle without the minimum insurance amounts required in their state face hefty fines, license and registration suspension, vehicle impoundment, and jail time—even for a first offense.

Can you go to jail for driving without insurance?

Yes, you can go to jail for driving without insurance if it’s considered a misdemeanor in your state. You’re less likely to face this punishment if you’re a first-time offender. However, drivers who are caught driving without insurance multiple times or while committing a much more serious offense—like a DUI or reckless driving—are more likely to face jail time.

What happens if you let your insurance lapse?

You won’t necessarily face legal penalties if you’ve let your insurance lapse in between policies unless you choose to drive your vehicle during this time. Leave your car in the garage until your new insurance policy has taken effect—law enforcement won’t accept proof of insurance before its start date.

Do you need car insurance to drive?

Yes and no. You need car insurance to drive your vehicle, but you don’t necessarily need car insurance to drive someone else’s vehicle, so long as the owner has properly insured it. Car insurance typically follows the car, not the driver. However, it’s important to carry some amount of insurance whenever you’re driving a car regularly—even if it’s not your own.

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