Does one face jail time of they have a car accident without active insurance?

It depends on the state and whether you have the cash to cover the costs. They still have plenty of time for long-term injuries or strains to develop as a result of the crash. Unfortunately, if you don’t pony up the cash right away, I would expect to be sued.

You’ll most likely just face fines and a suspended license.

…and if there is no way the person at fault can pay up?

I would imagine the person would then be sued by the other party and be forced to pay up via the law. Then again, I’m not sure of the legality of such an action – if driving without insurance is illegal, then suing the person would be similar to trying to sue your drug dealer for ripping you off.

One may face jail time; it depends on the state. One almost certainly will face fines and costs, which can be quite hefty.

And it doesn’t matter whether you can pay or not—you can still be sued, and you can still have a judgment entered against you, and if you don’t pay, you can have your wages garnished or your assets seized.

If you were the one without insurance, and you’re in a state where it’s required, call a lawyer now. It will cost you a lot more money than insurance would have, but it will almost certainly save you money in the long run.

I was in the car of my step-mom once when she was driving, and we were pulled over, and something was wrong with her insurance (didn’t have any or something). The cop gave us a ride to the nearest public place, we called for a ride to pick us up, and the car was impounded.

I think everything got straightened out since she did have insurance, just not valid proof at the time.

I don’t think they would arrest you and serve you with jail time, just fines, and impound the car. Though, I’ve been known to be wrong before.

some states only require liability insurance which will cover most expenses if you are at fault minus the deductible.

if you have no insurance and you caused the accident, expect to be sued for any assets you may own. Your home, your property, your vehicle and your wages can all be taken from you.

If there were injuries, (the OP states there were not), your license would automatically be revoked and you would have to get an SR22 before it would be reinstated.

There is no excuse for not being able to afford to pay for damages you caused. The judge will order payment to be made and if you don’t do that, you will go to jail.

one more point – most states have a time period for injuries to show up – even if nobody appeared injured at the accident scene, there is a one year allowance for injuries to show up and a two year period for a lawsuit to be filed against you.

sometimes, adrenaline can keep pain away until a later date.

@bristolbaby: the details of the ramifications vary by state. In Massachusetts, for instance, there is no SR22, but the registration of the car is contingent upon valid insurance. There’s no hefty penalty for not having insurance, but if you get caught driving an unregistered car (and if your car is uninsured, the registration is not valid), you can spend two weeks in jail.