What is the fine for driving without insurance in California?
A first conviction carries a base fine of $100 to $200; a second within three years, $200 to $500. Penalty assessments are added on top. It is an infraction, not a misdemeanor (Vehicle Code §16029).
| Situation | What the law says | Law |
|---|---|---|
| First conviction | $100 to $200 fine, plus penalty assessments. | §16029(a) |
| Another within 3 years | $200 to $500 fine, plus penalty assessments. | §16029(b) |
| Impound | The court may order the car impounded “for good cause,” on top of the fine. Release requires proof of insurance and payment of towing and storage. | §16029(c) |
| You were insured but had no card | The case is dismissed when you show the court clerk, in person or by mail, that you were insured on the day of the ticket. | §16028(e) |
| Order to stay insured | The court may also order you to keep insurance for at least one year. | §16029(e)(1) |
The §16028(e) dismissal only covers drivers who were already insured on the day of the ticket; buying a policy afterward does not erase it. Buying one still matters: the judge may keep the fine at the minimum only if you show current proof of insurance, and otherwise must go above the minimum (§16029(e)(1)). A court can reduce or waive the fine based on ability to pay, or set up installments (§16029(e)(2)). The final amount with assessments is set by the county court.
When can police ask for proof of insurance?
When they cite you for another violation and when they respond to a crash. An officer may not pull you over just to check whether you’re insured (§16028(a)), and a parking ticket does not trigger the request (§16028(b)).
What happens if you crash without insurance?
The DMV suspends your license even if the crash wasn’t your fault, whenever someone’s property damage tops $1,000 or anyone is hurt or killed. The suspension lasts at least one year, followed by three years of proof of insurance on file (SR-22 or SR 1P) (§16072).
- SR-1 report within 10 days. Every driver files one with the DMV, at fault or not, on a street or on private property. Police don’t file it for you (§16000; DMV handbook). If anyone is injured or killed, you must also report it to police within 24 hours. Form: DMV SR 1.
- Notice of intent to suspend. If the report shows you were uninsured, the DMV mails a notice, and the suspension starts 30 days later unless you prove you were insured on the day of the crash (§16070(b)).
- Hearing. Request one in writing within 10 days of receiving the order. It decides only whether you were the driver or owner, whether damage exceeded $1,000 or someone was hurt, and whether you were insured. Fault, why you lacked insurance, and your need to drive are not considered. If the DMV cannot hold the hearing and decide within 30 days of mailing the order, the suspension is stayed until it does (DMV; SR 104).
- At least one year without a license (§16072(a)).
- Getting it back: your insurer files an SR-22 (or SR 1P) certificate with the DMV, and you keep it in force for three years. If it lapses during that time, the suspension comes back (§16072(a); DMV SR 104).
That is why the DMV handbook describes the penalty as a suspension of “up to four years”: one year off the road, then three years with proof on file. Skip the SR-1 and the DMV suspends you until it gets the report or proof of insurance (§16004).
Can you drive during the suspension?
Yes, on a restricted license. Instead of a full suspension, you can apply for one if you file and keep proof of insurance and pay a $250 penalty fee (§16072(a)). It covers only the driving the statute lists.
- Driving to and from your place of employment.
- Driving that your primary job requires.
- Taking a minor dependent to and from school, when the principal certifies in writing that no public transit or school bus is available.
Apply with form DL 691. Any other active suspension or revocation blocks it (DMV), and commercial license holders qualify only by surrendering the commercial license for a Class C or M (§16072(d)). Separately, a person employed to drive may drive an employer’s vehicle during work (§16073), but that does not cover the commute.
Driving while suspended outside those limits is a misdemeanor: up to six months in county jail, a $300 to $1,000 fine, or both on a first conviction (§14601.1). Officers can also impound the car for 30 days (§14602.6).
Can the DMV suspend your registration?
Yes. When your insurer reports a cancellation and no new proof arrives, the DMV suspends the car’s registration. It must first notify you and allow at least 45 days to show insurance or establish that the car isn’t being driven (§4000.38).
A car with suspended registration may not be driven or parked on public roads. To reinstate, submit proof of insurance (online works) and pay the DMV reinstatement fee (DMV; §4000.38(c)). If you’re storing the car, file an Affidavit of Non-Use (REG 5090) before canceling coverage.
If you’re hurt in a crash while uninsured, can you recover damages?
Not for pain and suffering. An uninsured vehicle owner, or a driver who can’t show financial responsibility, cannot recover non-economic damages from a crash under Civil Code §3333.4, which voters passed as Proposition 213.
The bar covers non-economic damages only. An uninsured owner hit by a driver convicted of DUI keeps the right to them (§3333.4(c)). If you caused the crash, the other side can sue, and an unpaid judgment from a crash can lead to a separate DMV suspension (DMV SR 104).
What to do if you’re driving uninsured today
Get a policy that meets California’s 30/60/15 minimum before you drive again: $30,000 per injured person, $60,000 per accident and $15,000 for property damage (DMV). Having no prior insurance cannot, by itself, set your rate (Insurance Code §1861.02(c)).
- On a low income, check the state program at mylowcostauto.com (1-866-602-8861) or our CLCA eligibility guide.
- Already told to file an SR-22? Read SR-22 in California, explained, the SR-22 filing guide and what happens if an SR-22 lapses.
- No license yet? See the AB 60 license guide and car insurance without a license.
- Watch for outdated figures: the DMV’s own SR 104 pamphlet (revised January 2017) still shows the old 15/30/5 minimum and a $35,000 deposit. The current DMV page lists 30/60/15 and $75,000.