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Last updated: August 16, 2024
Driving Without Insurance in California
Hitting the road without insurance could result in a fine or, worse, an impoundment.
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You’re cruising along Pacific Coast Highway, making a stop in Carmel before heading down to drive on LA’s many freeways. Do you have car insurance? That’s step one. But what about proof of car insurance?
You need both to drive legally in California. If you don’t have evidence of financial responsibility (an insurance card) and you get stopped by the police, you can end up losing a lot of money or even access to your car.
Penalties for Driving Without Car Insurance in California
Let’s talk about the exact penalties of not having car insurance in California or driving without proof of it.
What Happens if You Don’t Have Proof of Insurance
According to California’s Vehicle Code section 16029, here’s what happens if you get caught driving without insurance — meaning you can’t show proof of insurance.1
| Punishment | First offense | Subsequent offense within 3 years of prior conviction |
|---|---|---|
| Fine | $100-$200 | $200-$500 |
| Penalty assessments | Yes | Yes |
| Impoundment | Possibly | Possibly |
FYI:
Penalty assessments will vary by county. For example, in Orange County, the penalty assessment fee is $109.16,2 while in San Bernardino County, it’s only $27.3
A $500 fine isn’t a small amount, and you may have to pay even more if you cause injuries or death to another party in an accident, given the state’s at-fault laws.
What Proof Is Required?
You can use either a paper insurance ID card or show proof of insurance via a mobile app, digital download of your ID, etc.
What Happens if You Get Into a Car Accident Without Insurance?
Imagine getting into a car accident while driving without insurance. In that case, the state of California would require you to have an SR-22, proof that you have the state’s minimum coverage, for three years following your license reinstatement date, typically. The SR-22 functions as proof of financial responsibility, part of California’s car insurance laws.
You’d have to pay $350 a month plus expenses for the SR-22, which is also required if you have a DUI or wet reckless driving charge and a negligent operator suspension.4
How to Get Insurance After a Lapse in Coverage
Obtaining new car insurance after a lapse in coverage will be more difficult than getting it with continuous coverage, but the process is nearly identical:
- Request quotes from multiple companies: Using the same information about your vehicle, identity and desired coverages will allow you to accurately compare quotes from multiple providers. Not every insurer will accept you as a customer, especially if your lapse in coverage was due to a license suspension. This means you may have to request quotes from more companies than someone with continuous coverage or a low-risk driver. You can request quotes online, over the phone or in person at a local insurance office.
- Research companies: Read our auto insurance reviews to learn about various insurance companies’ financial strengths, customer satisfaction ratings and other factors to consider when deciding which insurer to purchase a policy from.
- Apply: Once you’ve requested quotes and decided on a provider, you should apply for an insurance policy with that specific company, providing more detailed information about your vehicle and its drivers.
- Pay your premium: Once approved and you pay your premium, your policy’s coverage will begin on your effective date.
How to Appeal a Fine
If you got a fine for driving without insurance in California that you feel was a legal error, you can appeal it within 30 days of your judgment. Note that you won’t be able to bring in any new evidence or witnesses but can merely request that a higher court review the decision. If the higher court determines there was an error, it can reverse the decision. Here’s how to appeal a traffic ticket for driving without insurance.
- Notice of Appeal: Fill out the Notice of Appeal, and file it within 30 days of the court decision by either bringing or mailing it to the trial court where you were convicted.
- Statement on Appeal: You can also fill out a Statement on Appeal within 20 days of filing the Notice of Appeal. This will require filling out a Proposed Statement on Appeal, serving the prosecuting attorney with it and then filing the Proposed Statement and the Proof of Service by the deadline.
- Brief: This part will require a traffic attorney, typically. You’ll need to construct a brief — a written description of the facts in the case, relevant laws and your arguments. You must explain the legal errors the judge made and how that altered the case’s outcome. Serve the brief to the prosecuting attorney and file it by the deadline in the Notice of Appeal.
- Exhibits: If you have an exhibit from the trial you want the higher court to consider, ask the trial court clerk to send it to the higher court or appellate division within 10 days after the last respondent’s brief is filed with the higher court.
- Oral argument: You will have a chance to explain your argument to the higher court judge in person. However, this is optional on both sides.
- Decision: Finally, within 90 days of the oral argument date, even if none took place, the judge will have to make a decision. You’ll receive a notice of this decision via mail.5
More Information on Car Insurance in California
Taking a step back, let’s talk about some other laws and car insurance options you should know about as a California driver.
Minimum Coverage Required
The minimum car insurance in California is as follows:
- $15,000 for bodily injury coverage per person
- $30,000 for bodily injury coverage per accident
- $5,000 for property damage coverage per accident6
DID YOU KNOW?
Liability insurance pays for the other party’s injuries and property damages in accidents you cause. It will not cover your or your passengers’ medical costs or property damage.
If you don’t want to purchase car insurance from a regular insurance provider, you have the option to self-insure, either by depositing $35,000 in cash with the Department of Motor Vehicles (DMV) or getting a surety bond for the same amount from a California-licensed company.
Low-Cost Program
If you’ve shopped around and can’t find cheap California car insurance you can afford, consider California’s Low Cost Auto Insurance program. If you’re eligible, the state will match you with a minimum coverage insurance company at low premiums. To be eligible, you’ll need to:
- Have a valid California driver’s license
- Have a good driving record or be a new driver
- Be at least 16 years old
- Own a vehicle worth $25,000 maximum
- Meet the below income requirements7
| Number of people in your household | Household maximum income | Per person maximum income |
|---|---|---|
| 1 | $33,975 | $33,975 |
| 2 | $45,775 | $22,888 |
| 3 | $57,575 | $19,192 |
| 4 | $69,375 | $17,344 |
| 5 | $81,175 | $16,235 |
| 6 | $92,975 | $15,496 |
| 7 | $104,775 | $14,968 |
| 8 | $116,575 | $14,572 |
| 9 | $128,375 | $14,264 |
| 10 | $140,175 | $14,018 |
| 11 | $151,975 | $13,816 |
| 12 | $163,775 | $13,648 |
| 13 | $175,575 | $13,506 |
| 14 | $187,375 | $13,384 |
| 15 | $199,175 | $13,278 |
| 16 | $210,975 | $13,186 |
| 17 | $222,775 | $13,104 |
| 18 | $234,575 | $13,032 |
| 19 | $246,375 | $12,967 |
| 20 | $258,175 | $12,909 |
Apply online, through the mail, over the phone or by email. Even though car insurance in California is expensive, this option allows people to protect themselves financially for a fraction of the cost.
High-Risk Program
High-risk drivers, like someone with a conviction for driving without insurance, will find it harder to buy insurance, as many companies don’t want to take on the additional risk you represent. If you’ve looked everywhere and can’t find a company that will approve you, you can use the California Automobile Assigned Risk Plan, which will connect you to a company that will accept you. Apply online, through the mail, over the phone or through email.8
Registration
You must have insurance to register a car in California. If the DMV doesn’t have proof of your insurance, it will suspend your registration, meaning you can’t use or even park your car on public roadways until the proof of insurance is filed.
Conclusion
Hopefully, the above has convinced you that driving without insurance (or proof of insurance) in California is not worth the risk. To learn more about the Golden State’s laws, check out our article on fines for texting and driving in California. Keep reading below to learn more about what’s required as a California driver.
Frequently Asked Questions
How long can you drive without insurance after buying a car in California?
You cannot drive without insurance after buying a car in California for any period of time. You’ll need proof of car insurance before you can drive off the lot.
Can you go to jail for driving without a license in California?
If you are charged with a misdemeanor for driving without a license in California, you could go to county jail for up to six months. You may also face probation for up to three years, a fine of up to $1,000 or a 30-day impoundment of your vehicle (if you have a prior conviction for the same crime), according to California’s Penal Code Section 19.
However, if you’re charged with a noncriminal infraction for driving without a license in California, you cannot get jail time — only a fine of $250 maximum, according to the state’s Penal Code section 19.8.
What happens if you get pulled over without registration in California?
If you get pulled over without registration in California, you will have to pay a fine, according to the state’s DMV.
| Length of time without current registration | Fee for unregistered vehicles previously registered in California | Fee for unregistered new vehicles or vehicles never registered in California |
|---|---|---|
| 1-10 days | Percentage of vehicle license fee due for that year: 10%
Percent of weight fee due for that year: 10% Registration late fee: $10 California Highway Patrol (CHP) late fee: $10 |
Percentage of vehicle license fee due for that year: 40%
Percent of weight fee due for that year: 40% |
| 11-30 days | Percentage of vehicle license fee due for that year: 20%
Percent of weight fee due for that year: 20% Registration late fee: $15 CHP late fee: $15 |
Percentage of vehicle license fee due for that year: 40%
Percent of weight fee due for that year: 40% |
| 31 days-1 year | Percentage of vehicle license fee due for that year: 60%
Percent of weight fee due for that year: 60% Registration late fee: $30 CHP late fee: $30 |
Percentage of vehicle license fee due for that year: 40%
Percent of weight fee due for that year: 40% |
| 1-2 years | Percentage of vehicle license fee due for that year: 80%
Percent of weight fee due for that year: 80% Registration late fee: $50 CHP late fee: $50 |
Percentage of vehicle license fee due for that year: 80%
Percent of weight fee due for that year: 80% |
| More than 2 years | Percentage of vehicle license fee due for that year: 160%
Percent of weight fee due for that year: 160% Registration late fee: $100 CHP late fee: $100 |
Percentage of vehicle license fee due for that year: 160%
Percent of weight fee due for that year: 160% |
What happens if you drive without a license and get into an accident in California?
If you drive without a license and get into an accident in California, you may receive a noncriminal infraction or a misdemeanor charge. An infraction would result in a maximum fine of $250, while a misdemeanor may include up to six months in county jail, up to three years of probation, a 30-day vehicle impoundment if this isn’t your first conviction for the same crime or a fine of up to $1,000.
However, your accident settlement would not be affected by your license status. Due to California’s pure comparative fault laws, an accident victim can recover money regardless of their own negligence, as long as the other party was at least 1 percent at fault.
Citations
FINANCIAL RESPONSIBILITY LAWS. California Legislative Information. (1959).
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=16029.&lawCode=VEHHow is Your Fine Determined? Superior Court of California County of Orange. (2023).
https://www.occourts.org/media/pdf/SB1407.pdfWhy is Your Bail or Fine So Much? Superior Court of California, County of San Bernadino. (2023).
https://www.sb-court.org/sites/default/files/Divisions/Traffic/Why-is-my-bail-or-fine.pdfSR22 California – What is it? When do I need it? How do I get one? SHOUSE CALIFORNIA Law Group. (2023).
https://www.shouselaw.com/ca/dui/laws/sr22/Appeal a traffic ticket decision. California Courts Self-Help Guide. (2023).
https://selfhelp.courts.ca.gov/traffic/appealINSURANCE REQUIREMENTS. California DMV. (2023).
https://www.dmv.ca.gov/portal/vehicle-registration/insurance-requirements/California’s Low Cost Auto Insurance. MyLowCostAuto.com. (2023).
https://www.mylowcostauto.com/California Automobile Assigned Risk Plan. AiPSA. (2023).
https://www.aipso.com/Plan-Sites/California-ARP
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