car insurance requirements by state

Uninsured Drivers by State (2026): Most Minimums Fall Short of the Average Injury Claim

Key takeaways

  • 39 of 51 states (including D.C.) set a per-person injury minimum below the average bodily injury claim of $28,278 (2024).
  • 1 in 7 U.S. drivers (15.4%) was uninsured in 2023, up from 11.6% in 2019.
  • Mississippi has the most uninsured drivers at 28.2%, more than 1 in 4. Maine has the fewest at 5.7%.
  • 10 states stack all three risks: an above-average uninsured rate, a below-average injury minimum, and no uninsured motorist requirement.
  • 7 states raised their minimums since January 2025. Even so, most states still sit below the average injury claim.

If another driver hits you, two numbers decide whether their insurance actually pays your bills: how likely that driver is to be uninsured, and how much coverage your state forces insured drivers to carry. We combined both for every state and D.C. The result shows where a crash is most likely to leave you covering the gap yourself.

Data sources: uninsured driver rates from the Insurance Research Council (2025 study, 2023 data). Minimum liability limits as of September 2026, cross-checked against state changes that took effect in 2025 and 2026. Average claim costs from Triple-I (ISO data, 2024). Full method at the bottom.

Key findings

Most state minimums do not cover an average injury claim

The average bodily injury liability claim reached $28,278 in 2024, up from $19,151 in 2019. Yet 34 states and D.C. still set the per-person injury minimum at $25,000, and a few set it lower: Louisiana and Pennsylvania at $15,000, Iowa at $20,000. Florida requires no injury liability at all, only $10,000 of property damage plus personal injury protection. Only 12 states require $30,000 or more per person.

Property damage minimums hold up better. Every state except Pennsylvania ($5,000) requires more than the average property damage claim of $6,770.

Uninsured drivers are more common than in 2019

The Insurance Research Council estimates 15.4% of drivers were uninsured in 2023, about one in seven. That is up from 11.6% in 2019. Fifteen states and D.C. sit above the national rate.

The 10 states with the most uninsured drivers

  • Mississippi: 28.2%
  • New Mexico: 24.1%
  • District of Columbia: 23.1%
  • Michigan: 22.3%
  • Tennessee: 21.3%
  • Missouri: 20.7%
  • Florida: 20.6%
  • California: 20.4%
  • Colorado: 19.7%
  • Washington: 19.1%

Eight of these ten also set a per-person injury minimum below the average claim. Michigan (50/100 lowest option) and California (30/60, raised in 2025) are the exceptions.

Where drivers face all three risks

These 10 states have an uninsured rate above the national 15.4%, a per-person injury minimum below the average claim, and no requirement to carry uninsured motorist coverage. Some of them require insurers to offer it, so it is usually one line on a quote to add.

StateUninsured driversInjury minimum per person
Mississippi28.2%$25,000
New Mexico24.1%$25,000
Tennessee21.3%$25,000
Florida20.6%None required
Colorado19.7%$25,000
Washington19.1%$25,000
Georgia19.0%$25,000
Ohio18.5%$25,000
Delaware17.6%$25,000
Alabama16.8%$25,000

Uninsured drivers and minimum coverage, all 50 states and D.C.

Sorted by uninsured rate, highest first. Minimum liability is shown as injury per person / injury per accident / property damage, in thousands of dollars. “Gap” compares the per-person injury minimum to the $28,278 average injury claim.

RankStateUninsured drivers (2023)Minimum liability (2026)Gap vs. average injury claimUninsured motorist coverage required?
1Mississippi28.2%25/50/25$3,278 shortNo
2New Mexico24.1%25/50/10$3,278 shortNo
3District of Columbia23.1%25/50/10$3,278 shortYes
4Michigan22.3%50/100/10 (lowest option)Covers itNo
5Tennessee21.3%25/50/25$3,278 shortNo
6Missouri20.7%25/50/25$3,278 shortYes
7Florida20.6%None (10K property only)No injury liabilityNo
8California20.4%30/60/15Covers itNo
9Colorado19.7%25/50/15$3,278 shortNo
10Washington19.1%25/50/10$3,278 shortNo
11Georgia19.0%25/50/25$3,278 shortNo
12Ohio18.5%25/50/25$3,278 shortNo
13Delaware17.6%25/50/10$3,278 shortNo
14Maryland16.9%30/60/15Covers itYes
15Alabama16.8%25/50/25$3,278 shortNo
16Wisconsin15.6%25/50/10$3,278 shortYes
17Illinois15.2%25/50/20$3,278 shortYes
18Oregon14.7%25/50/20$3,278 shortYes
19Texas14.5%30/60/25Covers itNo
20Kentucky14.1%25/50/25$3,278 shortNo
20New Jersey14.1%35/70/25Covers itYes
22Indiana14.0%25/50/25$3,278 shortNo
23Virginia12.9%50/100/25Covers itYes
24Alaska12.5%50/100/25Covers itNo
25Rhode Island12.4%25/50/25$3,278 shortNo
26Arkansas12.1%25/50/25$3,278 shortNo
27Kansas12.0%25/50/25$3,278 shortYes
27Oklahoma12.0%25/50/25$3,278 shortNo
29Connecticut11.8%25/50/25$3,278 shortYes
29North Carolina11.8%50/100/50Covers itYes
29Vermont11.8%25/50/10$3,278 shortYes
32Louisiana11.7%15/30/25$13,278 shortNo
33Iowa11.4%20/40/15$8,278 shortNo
34Minnesota11.3%30/60/10Covers itYes
35Nevada11.1%25/50/20$3,278 shortNo
36Pennsylvania11.0%15/30/5$13,278 shortNo
37Arizona10.6%25/50/15$3,278 shortNo
37North Dakota10.6%25/50/25$3,278 shortYes
39South Carolina10.3%25/50/25$3,278 shortYes
40New Hampshire10.0%25/50/25 (if insured)$3,278 shortYes
41Hawaii9.6%40/80/20Covers itNo
42Nebraska9.5%25/50/25$3,278 shortYes
43South Dakota9.4%25/50/25$3,278 shortYes
44New York8.6%25/50/10$3,278 shortYes
45Massachusetts7.9%25/50/30$3,278 shortYes
46West Virginia7.8%25/50/25$3,278 shortYes
47Montana7.2%25/50/20$3,278 shortNo
48Wyoming6.7%25/50/20$3,278 shortNo
49Idaho6.4%25/50/15$3,278 shortNo
50Utah6.2%30/65/25Covers itYes
51Maine5.7%50/100/25Covers itYes

Notes: Michigan drivers can choose 50/100/10, but the default is 250/500/10. New Hampshire does not require insurance, and the limits apply only if you buy a policy. New York also requires 50/100 for wrongful death. Rhode Island and Indiana include uninsured motorist coverage unless you reject it in writing, so they are marked No.

What this means when you shop for a policy

  • Add uninsured motorist coverage at the same limits as your liability, even where it is optional. In the top 10 states, roughly 1 in 5 drivers who hit you will have no insurance to pay you.
  • Buy more liability than the minimum. A common starting point for someone with a paycheck or a home is 100/300/100. See how much car insurance you need.
  • Check your state’s current minimum. Seven states changed theirs since 2025. The full list with PIP rules is on our requirements by state page.
  • Compare quotes on the same limits. Prices for identical coverage vary a lot between carriers. Compare car insurance quotes.

Methodology

  • Uninsured driver rates: Insurance Research Council, Uninsured and Underinsured Motorists: 2017 to 2023 (2025). The IRC estimates the share of uninsured drivers from the ratio of uninsured motorist claims to bodily injury claims. Ranks are the IRC’s, calculated from unrounded data.
  • Minimum liability limits: state requirements in effect September 2026. We checked the 2025 and 2026 increases individually: California 30/60/15, North Carolina 50/100/50, Utah 30/65/25 and Virginia 50/100/25 (2025), Massachusetts 25/50/30 (July 2025), Hawaii 40/80/20 and New Jersey 35/70/25 (January 2026).
  • Average claim costs: Triple-I, from ISO (Verisk) data. Average bodily injury liability claim $28,278 and property damage liability claim $6,770 in 2024.
  • Uninsured motorist requirement: marked Yes where the state requires drivers to carry it. States that only require insurers to offer it, or include it unless rejected, are marked No.
  • Limits of this analysis: the uninsured rates are 2023 estimates, the newest available. Claim averages are national and vary by state. This is general information, not legal advice. Confirm current rules with your state insurance department.

Published September 30, 2026 by BestCarInsuranceQuotes.com, an independent quote comparison site. We do not sell insurance.

Use this data

Journalists, researchers and bloggers are welcome to use these findings with a link to this page as the source.

Frequently asked questions

Which state has the most uninsured drivers?

Mississippi, at 28.2% of drivers in 2023 according to the Insurance Research Council. New Mexico (24.1%) and the District of Columbia (23.1%) are next.

Which state has the fewest uninsured drivers?

Maine, at 5.7%, followed by Utah (6.2%) and Idaho (6.4%).

What percentage of drivers are uninsured in the U.S.?

About 15.4%, or roughly one in seven drivers, as of 2023. The rate was 11.6% in 2019.

Is my state minimum enough to cover an accident?

In most states, no. The average bodily injury claim was $28,278 in 2024, and 39 of 51 jurisdictions set the per-person injury minimum below that. Anything above your limit can come out of your own pocket.

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