Getting into a car accident without insurance in California means you can face fines up to $1,300, a suspended license for as long as four years, and under Prop 213 you lose the right to claim pain and suffering damages. This is a serious risk considering nearly 17% of California drivers are uninsured, according to a 2024 report by the CLCA
At Crown & Stone Law, P.C., we’ve guided countless clients through the aftermath of a car accident. Our team combines years of experience in personal injury law with a commitment to compassion and accessibility, meaning you’ll always have someone ready to listen, explain your options clearly, and fight for the best possible outcome.
Key Takeaways
- Driving without insurance in California can result in fines up to $1,300, license suspension, and an SR-22 requirement.
- Under Prop 213, uninsured drivers cannot recover pain and suffering damages even when not at fault.
- If uninsured and at fault, you are personally responsible for all damages, which can be enforced through garnishments or liens.
- Nearly 17 percent of California drivers are uninsured, making UM and UIM coverage essential protection.
Penalties for Driving Without Insurance in California
If you are caught driving without insurance in California, the penalties depend on whether it is your first or repeat offense.
- First offense: The base fine is between $100 and $200. With mandatory court assessments, the actual cost is closer to $400. Your car may also be impounded.
- Repeat offense: The fine rises to $200 to $500. With assessments, that total can reach $520 to $1,300. Your license may be suspended for up to four years.
- SR-22 requirement: After an uninsured accident, the state often requires you to file an SR-22 form to prove financial responsibility. This must be maintained for three years and usually leads to much higher insurance premiums.
These fines and fees can quickly add up, especially when combined with towing, impound, and reinstatement costs. Even before considering damages from an accident, uninsured drivers can face thousands of dollars in financial setbacks.
Prop 213 and the “No Pay, No Play” Rule in California
California voters passed Proposition 213 to limit what uninsured drivers can collect after an accident. This law is often called the “No Pay, No Play” rule.
Here is how it works:
- If you are at fault and uninsured, you must pay for the other driver’s losses out of pocket. You will also face the standard fines and license penalties.
- If you are not at fault but uninsured, you can only claim economic damages. These include medical bills, lost income, and property repair costs.
- You cannot recover non-economic damages such as pain and suffering, emotional distress, or loss of enjoyment of life.
The only exception is if the other driver was convicted of driving under the influence. In that case, you may be allowed to pursue non-economic damages even if you did not have insurance.
This law is strict, and many drivers are surprised to learn that even when they are not at fault, their rights are limited.
SR-22 Rules and License Reinstatement
If you are in an accident without insurance, California may suspend your license. To get your driving privileges back, you will likely need to file an SR-22 certificate.
An SR-22 is not insurance. It is a form filed by your insurance company that proves you carry the state’s minimum required coverage. The state usually requires it for three years after an uninsured accident.
Here is what to expect:
- Higher premiums: Drivers with an SR-22 are considered high risk. Insurance companies often raise rates by 50 percent or more.
- Strict compliance: If your insurance lapses during the SR-22 period, the state can suspend your license again.
- Administrative fees: You must pay reinstatement fees to the DMV, in addition to court fines and towing or impound costs.
The combined cost of SR-22 filings, reinstatement, and higher premiums can reach several thousand dollars over the required period. For many drivers, this makes an already stressful accident even harder to recover from financially.
How UM and UIM Coverage Protect You
If you are uninsured, your options after an accident are very limited. But if you are a driver who carries insurance, one of the best protections against uninsured drivers is Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage.
California law requires insurance companies to offer these protections, and you can only decline them in writing.
Here is how they work:
- Uninsured Motorist (UM)
Pays for your injuries and property damage if you are hit by a driver with no insurance. In California, UM property damage coverage is capped at $3,500, unless you also carry collision coverage. - Underinsured Motorist (UIM)
Applies when the at-fault driver has insurance, but not enough to cover your full losses. UIM fills the gap up to your policy limits. - When you are uninsured
If you have no policy at all, you cannot rely on UM or UIM. In this case, your only option is to sue the at-fault driver personally, but recovery may be limited if they do not have assets.
According to the Insurance Research Council, about one in six California drivers is uninsured, which makes UM and UIM coverage one of the most valuable add-ons to a standard auto policy. Without it, even drivers who follow the law can face unpaid medical bills after an accident.
California Minimum Insurance Requirements
California law requires every driver to carry at least the state’s minimum liability coverage. These limits increased on January 1, 2025:
- $30,000 for bodily injury to one person
- $60,000 for bodily injury per accident
- $15,000 for property damage
Before 2025, the limits were $15,000 / $30,000 / $5,000, which often left crash victims undercompensated. The new requirements are designed to provide more protection in serious accidents.
Why Minimum Coverage Matters
If you have insurance:
- When you are at fault, your policy pays up to these limits. Anything beyond them is your responsibility.
- When you are not at fault, you can collect both economic and non-economic damages from the other driver’s insurance.
If you have no insurance:
- When you are at fault, you must pay all damages out of pocket. This includes medical expenses, property damage, and lost wages. Courts can use wage garnishment and liens to enforce payment.
- When you are not at fault, you are blocked by Prop 213 from recovering non-economic damages like pain and suffering. You may still claim economic damages, but only if the at-fault driver is insured or has sufficient assets.
Uninsured drivers caught in an accident risk not only fines and license suspension, but also permanent financial hardship if they cause injury or major property damage.
What to Do After a Car Accident Without Insurance in California
Being involved in an accident without insurance can feel overwhelming, but taking the right steps can help protect your safety and your rights.
Step 1: Stay at the Scene
Never leave the scene of an accident. Leaving can result in criminal charges on top of the penalties for driving uninsured.
Step 2: Check for Injuries and Call 911
If anyone is hurt, call emergency services immediately. Even if injuries seem minor, having medical documentation is important for any claim or defense later.
Step 3: Exchange Information
You are legally required to exchange:
- Name and contact details
- Driver’s license number
- Vehicle information
- Insurance status (even if you do not have a policy)
Be honest about your lack of insurance, but do not admit fault at the scene.
Step 4: Gather Evidence
Take photos of the vehicles, the accident location, and any visible injuries. Ask witnesses for their contact information. This evidence may be critical in proving fault.
Step 5: File a Police Report
In California, you must file a police report if anyone is injured or if damages appear to exceed $1,000. The report becomes a key piece of evidence in determining liability.
Step 6: Report to the DMV
If there are injuries or damages over $1,000, you must also file an accident report with the DMV within 10 days. Failing to do so can result in additional license penalties.
Step 7: Seek Legal Guidance
If you are uninsured, the legal and financial risks are high. A lawyer can explain your options, defend against excessive claims, and help you explore possible payment arrangements or settlements.
Protect Your Future After an Accident Without Insurance
Facing a car accident without insurance in California is overwhelming. And being at fault leaves you personally responsible for damages that can reach tens of thousands of dollars.
At Crown & Stone Law, P.C., we have years of experience guiding clients through the most difficult accident cases, including uninsured driver claims. Our team responds quickly, listens with genuine care, and fights relentlessly to secure the best possible outcome.
If you have been in an accident without insurance, contact us today for a free consultation. We are available 24/7 to answer your questions and help you take the right next steps. Visit our contact page to get started.
