In this guide
The short version: if you had no insurance but the other driver caused the crash, their liability insurance still generally pays you — though California and Michigan limit what an uninsured driver can recover, and New York and Pennsylvania cut off the no-fault benefits an uninsured owner would otherwise get. If you had no insurance and caused the crash, you face your state’s penalty and can be personally responsible for the damage. If the other driver had no insurance, your own uninsured motorist, collision and medical coverage come first.
If you had no insurance but weren’t at fault
The at-fault driver’s liability insurance exists to pay for the harm that driver causes, so an uninsured victim can usually still make a claim against it. The catch is in state law:
- California: If you owned the uninsured car, you can’t recover pain-and-suffering (non-economic) damages — unless the other driver was convicted of DUI (Civ. Code § 3333.4).
- New York: No-fault coverage may exclude you while you’re driving or riding in your own uninsured car (Ins. Law § 5103(b)).
- Pennsylvania: The owner of an uninsured registered vehicle can’t recover first-party (no-fault) benefits (75 Pa.C.S. § 1714).
- Michigan: No tort damages if you were driving your own uninsured car, and no PIP benefits as the uninsured owner (MCL 500.3135(2)(c), 500.3113(b)).
In the other states in our table we didn’t find a rule like these in the statutes we read — that isn’t a promise that none applies. You’ll still face your state’s penalty for driving uninsured.
If you had no insurance and caused the crash
Without a liability policy, there’s no insurer to pay the people you hurt or defend you. They can make a claim against you personally, and if their own insurer pays them first, it may try to recover what it paid from you. On top of that comes the penalty for driving uninsured, which ranges from a fine to license suspension or jail, depending on the state.
If the other driver had no insurance
- Uninsured motorist (UM) coverage on your own policy pays for your injuries, up to your limit, as if the other driver had been insured.
- Collision coverage pays to repair your car, minus your deductible.
- MedPay or PIP pays medical bills up to your limit, whoever was at fault.
- A claim against the driver personally is possible, but collecting depends on what they own.
Whether you have UM coverage depends on your policy and your state:
| State | Uninsured motorist coverage on your policy |
|---|---|
| California | Yes, unless you and the insurer agreed in writing to delete it (Ins. Code § 11580.2) |
| Texas | Yes, unless a named insured rejected it in writing (Ins. Code §§ 1952.101, 1952.104) |
| Florida | Yes, unless a named insured rejected it in writing (Stat. § 627.727) |
| New York | Required on policies for vehicles principally garaged or used in New York (Ins. Law § 3420(f)) |
| Pennsylvania | Optional — insurers must offer it, and you can decline it (75 Pa.C.S. §§ 1702, 1731) |
| Illinois | Required (215 ILCS 5/143a) |
| Ohio | Optional — a policy may, but doesn’t have to, include it (R.C. 3937.18) |
| Georgia | Yes, unless a named insured rejected it in writing (O.C.G.A. § 33-7-11) |
Michigan works differently: its no-fault system pays injury benefits through your own PIP coverage whoever caused the crash. Our hit-and-run guide covers when UM pays if the driver is never identified.
Driving uninsured: penalties and recovery limits in 10 states
| State | Penalty for driving uninsured (first offense) | Limit on what an uninsured driver can recover |
|---|---|---|
| California | Fine of $100–$200 for a first conviction, plus penalty assessments Veh. Code § 16029 | If you owned the uninsured car, you can’t recover pain-and-suffering (non-economic) damages — unless the other driver was convicted of DUI Civ. Code § 3333.4 |
| Texas | Misdemeanor: $175–$350 fine; $350–$1,000 after a prior conviction Transp. Code § 601.191 | — |
| Florida | License and registration suspended until you show proof of insurance; reinstatement fee of $150 the first time, $250 the second, $500 after that Stat. § 324.0221 | — |
| New York | Traffic infraction: $150–$1,500 fine, up to 15 days in jail, plus a $750 civil penalty Veh. & Traf. Law § 319 | No-fault coverage may exclude you while you’re driving or riding in your own uninsured car Ins. Law § 5103(b) |
| Pennsylvania | $300 fine, plus 3-month suspensions of the registration and your driving privilege (or a $500 civil penalty instead, once a year) 75 Pa.C.S. § 1786 | The owner of an uninsured registered vehicle can’t recover first-party (no-fault) benefits 75 Pa.C.S. § 1714 |
| Illinois | Petty offense: fine over $500 and up to $1,000, and a 3-month license suspension; a Class A misdemeanor if uninsured driving causes bodily harm 625 ILCS 5/3-707 | — |
| Ohio | License suspension (class F) and impoundment of the license; $40 reinstatement fee for a first violation R.C. 4509.101 | — |
| Georgia | Misdemeanor: $200–$1,000 fine, up to 12 months in jail, or both O.C.G.A. § 40-6-10(b) | — |
| North Carolina | Class 3 misdemeanor G.S. 20-313 | — |
| Michigan | Misdemeanor: $200–$500 fine, up to 1 year in jail, or both MCL 500.3102(2) | No tort damages if you were driving your own uninsured car, and no PIP benefits as the uninsured owner MCL 500.3135(2)(c), 500.3113(b) |
“—” means we didn’t find such a limit in the statutes we read.
Frequently asked questions
Can I get money from the other driver if I didn’t have insurance and wasn’t at fault?
Usually yes — the at-fault driver’s liability insurance pays for the harm that driver caused. Some states cut that back: in California an uninsured owner can’t recover pain-and-suffering damages (unless the other driver was convicted of DUI), and in Michigan a person driving their own uninsured car can’t recover tort damages.
What happens if you get in an accident without insurance?
Two things at once: the crash itself, and the offense of driving uninsured. The penalty depends on the state — a $100–$200 fine for a first conviction in California, a $175–$350 fine in Texas, license and registration suspension until you show proof of insurance in Florida, and up to a year in jail in Michigan. If you caused the crash, you can be personally responsible for the other people’s losses.
Will my license be suspended for driving without insurance?
In some states, yes. Florida suspends your license and registration until you show proof of insurance, Pennsylvania suspends both for 3 months (or allows a $500 civil penalty instead, once a year), Illinois suspends the license for 3 months, and Ohio imposes a license suspension for a first violation.
The driver who hit me had no insurance. Who pays?
Start with your own policy: uninsured motorist coverage for your injuries, collision for your car, and MedPay or PIP for medical bills. You can also sue the driver personally, but collecting depends on what they own.
Can I still use my health insurance after a car accident with no auto insurance?
Generally yes — your health plan pays under its own terms. If you later recover money from the at-fault driver, the plan may ask to be repaid from it.
Reviewed by
Morgan Hale, Editor. Writes about the financial side of injury claims — fees, liens, timelines and state rules — and checks every page against its sources before it’s published. Not a lawyer; “Morgan Hale” is a pen name. Editorial policy · How we calculate
Sources
- California Vehicle Code § 16029 — Fine for driving without proof of financial responsibility (FindLaw (California Vehicle Code))
- California Civil Code § 3333.4 — Uninsured owners can’t recover non-economic losses (exception: DUI defendant) (FindLaw (California Civil Code))
- Texas Transportation Code § 601.191 — Operating a motor vehicle without financial responsibility (FindLaw (Texas Transportation Code))
- Florida Statutes § 324.0221 (2025) — Suspension for failing to maintain security; reinstatement fees (The Florida Senate)
- New York Vehicle and Traffic Law § 319 — Operating an uninsured vehicle (fine, jail, civil penalty) (New York State Senate)
- New York Insurance Law § 5103(b) — No-fault exclusions, including owners of uninsured vehicles (New York State Senate)
- 75 Pa.C.S. § 1786 — Required financial responsibility (suspensions, $300 fine) (FindLaw (Pennsylvania Vehicle Code))
- 75 Pa.C.S. § 1714 — Ineligible claimants (uninsured owners can’t recover first-party benefits) (FindLaw (Pennsylvania Vehicle Code))
- 625 ILCS 5/3-707 — Operating an uninsured motor vehicle (penalties) (FindLaw (Illinois Vehicle Code))
- Ohio Revised Code § 4509.101 — Operating without proof of financial responsibility (FindLaw (Ohio Revised Code))
- O.C.G.A. § 40-6-10 — Insurance required; penalty for driving uninsured (FindLaw (Official Code of Georgia))
- N.C. Gen. Stat. § 20-313 — Operating without financial responsibility (FindLaw (North Carolina General Statutes))
- Michigan Compiled Laws § 500.3102 — Penalty for operating without required security (FindLaw (Michigan Insurance Code))
- Michigan Compiled Laws § 500.3135 — Tort liability limits under no-fault (noneconomic loss threshold; up to $3,000 vehicle damage) (FindLaw (Michigan Insurance Code))
- Michigan Compiled Laws § 500.3113 — Persons not entitled to PIP benefits (uninsured owners) (FindLaw (Michigan Insurance Code))
- California Insurance Code § 11580.2 — Uninsured motorist coverage (unknown driver: physical contact, 24-hour police report, 30-day sworn statement) (FindLaw (California Insurance Code))
- Texas Insurance Code § 1952.101 — Uninsured/underinsured motorist coverage required unless rejected in writing (FindLaw (Texas Insurance Code))
- Texas Insurance Code § 1952.104 — Required provisions (unknown driver: actual physical contact) (FindLaw (Texas Insurance Code))
- Florida Statutes § 627.727 (2025) — Motor vehicle uninsured and underinsured vehicle coverage (The Florida Senate)
- New York Insurance Law § 3420(f) — Uninsured motorist coverage, including unidentified vehicles that leave the scene (New York State Senate)
- 75 Pa.C.S. § 1702 — Definitions (“uninsured motor vehicle” includes an unidentified vehicle, with reporting conditions) (FindLaw (Pennsylvania Vehicle Code))
- 75 Pa.C.S. § 1731 — Availability, scope and amount of uninsured and underinsured motorist coverage (FindLaw (Pennsylvania Vehicle Code))
- 215 ILCS 5/143a — Uninsured and hit-and-run motor vehicle coverage (FindLaw (Illinois Insurance Code))
- Ohio Revised Code § 3937.18 — Uninsured and underinsured motorist coverage (unidentified driver: independent corroborative evidence) (FindLaw (Ohio Revised Code))
- O.C.G.A. § 33-7-11 — Uninsured motorist coverage (unknown driver: physical contact or an eyewitness) (FindLaw (Official Code of Georgia))
Not legal or financial advice. InjuryMath is not a law firm and does not sell or broker funding. This page gives general information based on the sources listed; your contracts and your state’s law control. For advice about your situation, talk to a licensed attorney in your state.