Driving without car insurance in Los Angeles, or anywhere for that matter, is not worth the risk. Not being able to show proof of insurance if you get into an accident or are stopped by a law enforcement officer can have consequences — think fines, vehicle impoundment or even jail time. Simply put, it’s essential to have car insurance in California to drive legally.
Requiring auto insurance is seen by some as a way of forcing drivers to take responsibility for any accidents or damage they may cause. This assignment of responsibility is important in California since it’s considered a “fault state” or tort state for car accidents. In a tort state, the driver who caused an accident must pay for all damages and injuries.
If drivers don’t carry car insurance, it’s difficult to tell if they can pay for expensive damages. That’s a big reason why car insurance is required for all drivers in the state.
Here, we detail California’s legal insurance limits and what damages you’re entitled to under prop 213.
Consequences of Getting in a Car Accident with No Insurance
Driving uninsured in California is against the law. If you are involved in a car accident and have no insurance coverage, you may be subject to several penalties. However, these penalties are often treated as infractions, which do not generally appear on criminal records:
- Fines: Drivers caught driving uninsured often end up paying costly fines. In California, a first offense can range from $100-$200 and $200-$500 for subsequent offenses within three years. Sometimes, drivers may be unpleasantly surprised by penalty assessments that can increase the total amount due on a ticket by as much as eight times. Penalty assessments come in the form of different surcharges for things like a county penalty fund or state penalty fund. Basically, for an uninsured driver, it means a higher fine amount.
- Revoked or suspended driver’s license: Your license may be suspended or revoked if you’re involved in an accident and have no auto insurance, even if you weren’t at fault.
- Vehicle impoundment: Besides not having a car, you’re also responsible for any towing and storage fees.
- Jail time: Drivers who have been caught driving without car insurance multiple times may end up doing jail time.
- Higher insurance rates: Insurance companies may deem previously uninsured drivers as high risk and premiums may increase accordingly.
- Medical expense costs: If you’re at fault in an accident and there were injuries, you may be financially responsible for any medical bills.
- Unable to collect money for damages: If someone else hits your car, you won’t be able to collect money for certain damages if you are uninsured.
California Legal Car Insurance Minimum
Sometimes referred to 15/30/5 on car insurance policies, the following are the minimum amounts required for liability insurance in California:
- $15,000 – bodily injury coverage per person
- $30,000 – bodily injury coverage per accident
- $5,000 – property damage coverage per accident
Other Ways of Showing Proof of Financial Responsibility
Other ways to show proof of financial responsibility include depositing $35,000 cash with the DMV or obtaining a $35,000 surety bond. This type of bond is a three-party contract where one party (the surety) guarantees the obligations of a second party to a third party.
For the most part, having an insurance policy is the easiest and less expensive way to show proof of financial responsibility.
Driving Without Insurance Can Appear on Your Driving Record
As we mentioned before, in most cases, driving uninsured won’t show up on your criminal record. However, it will appear on your DMW driving record, sometimes for years after the fact.
The penalty for driving without insurance in California can range from a monetary fine to years of license suspension. If you’re facing penalties for driving without insurance, it may be a good idea to consult with an experienced attorney.
Obtaining Auto Insurance After a Lapse in Coverage
Once you’ve received a ticket for driving uninsured, you’ll likely pay more since you’ll be considered a higher-risk driver. Working with an auto insurance company that specializes in policies for people with spotty driving records may be your best bet.
Driving a Car That Isn’t Yours
In California, the driver is responsible for ensuring he or she has proof of insurance. The person who owns the vehicle is usually the one who takes out the insurance policy. However, even if you borrow a friend’s car, if there is no proof of insurance and you get pulled over or are involved in an accident, you can still face prosecution. This means drivers should:
- Ask where the proof of insurance is before borrowing a car
- Get adequate insurance on rental cars
- Decline to drive a vehicle if it isn’t insured
As a vehicle owner, it’s important to always keep proof of insurance in your car. After all, you don’t want to be responsible for a friend or family member facing charges because you lent them your car without any way to prove that the vehicle was insured.
What Can I receive For Damages if Prop 213 Applies?
Proposition 213, passed in 1996, is a California law that limits what uninsured drivers can recover in damages after a car accident, even if the accident wasn’t their fault.
If you’re in a car accident in Los Angeles without insurance, California law (Prop 213) limits what money you can get – even if the accident wasn’t your fault. Here’s what you need to know:
As an uninsured driver, you can still get money for:
- Medical bills
- Lost work wages
- Car repairs
However, you cannot get money for:
- Pain and suffering
- Emotional distress
- Disability compensation
Important exceptions: You CAN get full compensation if:
- You were a passenger, not the driver
- You have insurance on another car
- You were driving your employer’s car
- The accident happened on private property
If you’re not sure about your rights, talk to our car accident lawyer. We offer free consultations and can tell you exactly what compensation you qualify for.
Consult an Experienced Car Accident Lawyer
El Dabe Ritter Trial Lawyers have helped injured motorist receive compensation for several decades, and we have an impressive track record of success.
To speak with one of our car accident attorneys, please call or fill out the form below. We offer a free initial consultation and do not charge any fees unless we win your case.
Fill out our form today to schedule your free consultation and take the first step towards justice.