Car insurance can seem like an unnecessary expense when vehicles are costly enough with the loan payments, gas prices, and maintenance. For families already struggling to pay their other bills, auto insurance is often put on the back burner to save up for groceries and the electric bill, but this reasoning isn’t sound. The cost of driving without insurance could be considerably more than paying for the minimum required insurance in the first place. Depending on the car, coverage, and policy limits, annual car insurance in California may be around $2,000, which is a significant amount, but if an uninsured driver causes an accident, the amount can be 10 times that much in addition to any legal penalties. If they’d had insurance, the insurance company would likely have covered all or most of the cost and settled with the victims. If you find yourself facing the consequences of driving without insurance, it is important to contact a San Diego traffic lawyer.
California Law
Every state requires auto insurance in order to legally drive. It doesn’t matter if the driver has a valid license and a vehicle because there’s one more step before they can hit the road. California Vehicle Code Section 16028 says that if asked by a police officer, a driver must be able to show proof of financial responsibility. This generally means auto insurance since insurance provides financial assistance if the driver were to cause an accident.
Proof of auto insurance includes an insurer-issued card or paper that includes the insurance company’s information, the driver’s name, the policy number, and the dates of coverage. These dates are very important as many insurance premiums are paid monthly, quarterly or annually. If a driver misses a payment, they won’t be covered anymore.
A driver can also provide proof of insurance on their cell phone. Some auto insurance companies now provide proof of insurance through a mobile app.
California Vehicle Code Section 16029 makes it illegal for someone to drive without insurance lays out the statutory punishment for this traffic violation.
Type and Amount of Insurance Required
Drivers can also get in trouble if they don’t have enough insurance or the proper kind. California drivers are all required to have liability insurance that covers a minimum of $15,000 for the injury or death of another person or at least $30,000 for the injury or death of two or more people. Their insurance also needs to cover at least $5,000 in property damage.
Penalties for Driving Without Insurance
Driving without insurance is an infraction and is punishable be a fine between $100 and $200 plus any other state assessments and fees. However, if the driver is ticketed a subsequent time for driving without insurance within 3 years of the first infraction, then the fine will be between $200 and $500.
Additionally, if the court feels it’s necessary, it can order the driver’s vehicle impounded. The driver will be required to pay all towing and storage fees. What might seem like a small infraction can actually end up costing you thousands of dollars when you have to pay the base fine, state fees, penalty assessments, and impound costs.
Penalties for Causing an Accident Without Insurance
The penalty for being caught driving without insurance may only be an infraction with financial consequences, but if you’re involved in an accident and don’t have insurance, you face more seriously penalties. The court could suspend your license for a period of time, leaving you without a way to get to work, visit family, or go out with friends.
You’re also open to civil litigation. If you’re at fault for an accident and don’t have insurance, the victims of the crash will likely sue you directly to recover for their property damage and injuries. Depending on the seriousness of the situation and the victim’s injuries, you could owe hundreds of thousands of dollars.
A driver may be able to avoid an infraction if they can show that they had insurance but merely didn’t have the insurance card with them at the time. The infraction might also be dismissed if you acquire insurance and can bring proof of insurance to the court.
Contact a San Diego Traffic Attorney
If you were unable to show proof of insurance to a police officer and received a ticket, call a San Diego traffic attorney right away to learn more about the offense and your rights. Instead of facing hefty fines, you may be able to acquire adequate insurance and ask for the charge to be dismissed. This is even more crucial if it’s your second offense.
Jessica McElfresh is an experienced attorney with years of traffic law experience. She understands the many reasons behind forgoing auto insurance, and she’ll do what she can to help you move past this ticket. Call us today at (858) 756-7107.
FAQs
Driving without insurance is an infraction and is punishable be a fine between $100 and $200 plus any other state assessments and fees. However, if the driver is ticketed a subsequent time for driving without insurance within 3 years of the first infraction, then the fine will be between $200 and $500.
Is it against the law to drive without insurance in California? ›
Key takeaways. California drivers must at least meet the liability auto insurance coverage requirements of 15/30/5 to drive legally. You can be fined up to $500 out of pocket if you are convicted of driving without insurance in California, depending on whether it's your first or subsequent offense.
What percentage of California drivers are without insurance? ›
Part of this is because of the state of California's statistics: 16.6% of motorists are completely uninsured, and policy requirements are low. The minimum liability for injury or death to one person is $15,000 and $30,000 to more than one person. Auto insurance is only required to cover $5,000 for property damage.
How long is your license suspended for no insurance in California? ›
No Insurance
If you're not insured and get in an accident, your driver's license will be suspended for four years. After one year, it may be returned if you provide proof of insurance to the DMV, and maintain it for the next three years.
What happens if you don't have enough insurance to cover an accident in California? ›
If You Are at Fault
The other driver may file a claim with their own auto insurer, but if they don't have enough coverage for the damages, they may file a lawsuit against you. If you do not have any assets, it is less likely that the other driver will sue you due to the time and expense.
What happens in California if you get in a car accident without insurance? ›
If a driver does not have insurance, they may face serious penalties, such as fines, license suspension, or even jail time. They may also be sued by the other driver or their insurance company for the damages they caused in the accident.
Do insurance companies go after uninsured drivers California? ›
Insurance companies have the right to pursue compensation from an uninsured driver through subrogation. However, the company only seeks reimbursem*nt for the amount paid through your coverage. Unfortunately, this can leave victims of car accidents without the compensation necessary to recover fully.
What state has the most drivers without insurance? ›
Mississippi has the highest rate of uninsured drivers, at almost 30%. In Michigan, New Mexico, Tennessee, Washington and Florida, more than 20% of drivers don't have car insurance.
How many people in California don't have insurance? ›
Most Californians have health care coverage
Close to 94% of Califiornians have health care insurance, an all-time high insured rate in 2022, according to an analysis by the California Health Care Foundation. That 6% uninsured rate is a steep improvement from a peak of around 15% in 2013, according to the analysis.
How much does the average person pay for car insurance in California? ›
The average cost of full-coverage car insurance in California is $3,040 per year or $253 per month. That's about 13% more expensive than the national average of $2,681 per year.
This means the insurance will pay up to: $15,000 for the death or bodily injury of any one person; $30,000 total for the death or bodily liability of all other people hurt the accident; and. $5,000 for property damage (including the other vehicle and stationary objects such as fences).
Can someone drive my car if they are not on my insurance in California? ›
You can not drive a vehicle in California without insurance, and you or the person you're borrowing from must have insurance to drive legally. Your regular auto insurance policy in Los Angeles tends to follow the car instead of the person who has paid for the insurance. The same applies to when you borrow a car.
Can you get temporary car insurance in California? ›
For short-term or temporary car insurance in California, most reputable car insurance carriers offer policies with six- or 12-month terms. Having a shorter, six-month policy compared to an annual policy has some advantages as well as some drawbacks to consider.
Can you sue an uninsured driver in California? ›
California allows those injured in car accidents to use the civil court system to seek compensation from uninsured drivers for the expenses and quality-of-life impacts they incurred. To do so, you must file your claim in court within two years of the accident.
What is the fine for driving without insurance in California? ›
Driving without insurance is an infraction and is punishable be a fine between $100 and $200 plus any other state assessments and fees. However, if the driver is ticketed a subsequent time for driving without insurance within 3 years of the first infraction, then the fine will be between $200 and $500.
What is the penalty for being uninsured in California? ›
In general, the penalty for not having health insurance in California is either 2.5 percent of the household's annual income or $800 per adult and $400 per child, whichever of these two numbers is greater.
Is it required by law to have car insurance in California? ›
Insurance (also referred to as financial responsibility) is required on all vehicles operated or parked on California roads. You must carry evidence of insurance in your vehicle at all times and it must be provided when: Requested by law enforcement.
Can I drive a car without insurance if I just bought it California? ›
If your car is new and you do not have a current car insurance policy, you have 30 days to purchase insurance for it and provide proof of coverage to the California DMV. However, you may not legally drive the vehicle until you have an insurance policy that satisfies California's minimum coverage requirements.
What happens if you get pulled over without insurance in California reddit? ›
If you are driving without insurance, you may face a fine as well as lose your license or take the risk of seizing your vehicle. Driving without insurance in California is considered a misdemeanor. $15,000 bodily injury liability per head.
What is the vehicle code for no insurance in California? ›
According to California Vehicle Code 16028, all California drivers are required to be financially responsible for their vehicles. This includes carrying proof of auto insurance coverage. Any driver who fails to carry such proof of financial responsibility may be charged with an infraction.
