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What Happens If I Drive a Car and Do Not Have Insurance In Kentucky?

By Michael Schafer

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Published: 05May2009
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Don't do it!!!! It is a crime to drive a car in the Commonwealth of Kentucky that is not insured. You could go to jail! It is not worth it. Criminal charges will be in your future. I have represented many people who have made the mistake of driving without auto insurance. They don't want to go to jail and they will pay me to help them keep this from happening. The Kentucky Statutes makes it a crime to own a motor vehicle without having in "full force and effect" motor vehicle insurance as required by state law. The statute also makes it a crime to drive a motor vehicle without motor vehicle insurance.

Penalties for "No Insurance" are:

- A fine from a minimum of five hundred dollars ($500.00) up to a maximum of one thousand dollars ($1,000.00) and/or up to 90 days in jail.

- Have the registration of the motor vehicle revoked and the license plates of the vehicle suspended for one year (1) or until such time as proof of insurance on the vehicle is obtained.

If you are caught driving with no insurance a second time or more within any five(5) year period, the owner/driver will have his operator's license revoked and may be sentenced to up to one hundred and eighty (180) days in jail. You will be fined a minimum of one thousand (1,000) dollars up to a maximum of two thousand five hundred (2,500) dollars. You may also be ordered to pay court costs.

All of these penalties are subject to conditional discharge (this is a form of probation), suspension, or other forms of reduction of penalty by the judge once you show proof of insurance. This is usually proof of a six month paid up policy of insurance. You will have to appear in court after six months to show another six month paid up policy. Failure to appear could result in your license being suspended. If you cancel your insurance during this period you are guilty of another crime and could receive an additional ninety (90) days in jail.

As you can tell the penalties for No Insurance get progressively worse. The bottom line is, don't drive without insurance. Never, ever, under any circumstances. No Excuses! The consequences could affect you for the rest of your life. Should you drive without insurance and injure someone in an automobile accident, their Uninsured Motorist Coverage would pay for their pain and suffering and out of pocket expenses. Their insurance company would then sue you personally to recover the money they paid to the injured person. And believe me; you will have to pay back their insurance company. If arrangements are not made to do so, your driving privileges can be suspended until the judgment is paid in full. If you don't, and you are driving on a suspended license you are looking at even higher fines and potential jail time.

If you are unfortunate enough to hit someone while driving without insurance, their Collision and Uninsured Motorist Coverage, should cover them. But if you are charged in criminal court the results will not be good for you. They will be able to collect their out of pocket expenses from you, the criminal defendant. You will be put on probation in most instances if this is your first offense and will be ordered to pay any out of pocket expenses that they have as restitution. Under most circumstances this is the deductible on their Collision insurance. Should you fail to pay the court ordered restitution you will likely spend some time in jail. The choice is yours. Even if you are in an accident that is not your fault, if you don't have insurance you are still heavily penalized. You will be charged with the criminal charge of "No Insurance" and are responsible for the first $10,000.00 of your own medical bills and/or lost wages. This is not something that can be collected back from the At-Fault party or their insurance company. You are responsible for it under all circumstances. Although, I do not agree with this law, it is the law in Kentucky at this time. Don't put yourself in this situation.

About The Author Michael A. Schafer is an attorney who concentrates his law practice in personal injury litigation in Louisville, Kentucky. He is the author of "7 Potholes That Can Wreck Your Kentucky Accident Case" and "What You Don't Know About Buying Car Insurance Can Hurt You".

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