Is It Illegal to Drive Without Insurance?
Short answer
Yes, in 48 of 50 states. New Hampshire is the only state that does not require most drivers to carry auto insurance (but still requires financial-responsibility proof after a crash). Virginia previously allowed an uninsured-motor-vehicle (UMV) fee as an alternative to insurance; the UMV fee was repealed effective July 1, 2024, so Virginia now also requires insurance for all drivers. Penalties for driving uninsured range from a $100 fine on a first offense in some states to a $5,000+ fine, 90 days in jail, and up to a year of license suspension for repeat offenders.
This is a narrower question than "what happens if you drive without insurance" (which covers all the consequences: SR-22, surcharge, personal liability). For the full consequence tree see what happens if you drive without insurance.
The New Hampshire exception
New Hampshire does not require auto insurance for most drivers but does require all drivers to be able to demonstrate financial responsibility after a crash. In practice, drivers either carry insurance anyway or post a cash deposit / bond with the state. SR-22 is still required after a DUI, uninsured-driving conviction, or other serious offense.
Virginia's 2024 change
Historically, Virginia allowed drivers to pay a $500 annual UMV fee in lieu of carrying insurance. Virginia HB 2374 / SB 951 of the 2023 General Assembly repealed this option effective July 1, 2024. All Virginia drivers must now carry at least state-minimum liability (which Virginia also raised to 50/100/40 as of January 1, 2025).
Typical first-offense penalties
- Fine: $100 to $5,000 depending on state.
- License suspension: 30 to 365 days.
- Registration suspension: typically for the period of uninsured status.
- SR-22 or FR-44 filing requirement to reinstate.
- Vehicle impoundment in a few states on first offense.
Repeat offenses
- Fine: $500 to $10,000.
- Jail time: up to 30 days typically, 90 days in some states.
- Vehicle impoundment and plates seizure.
- Felony charge in a handful of states for third-plus offense.
Sources and methodology
State motor-vehicle code uninsured-driving provisions; Virginia HB 2374 / SB 951 (2023 session); NH RSA 264:1-264:33; Insurance Information Institute: driving-without-insurance state-by-state guide. Last reviewed .