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Is mandatory car insurance unconstitutional?
I’ve seen many online forums with people saying mandatory car insurance is unconstitutional, but I’m not sure I agree—is it?
Matthew Macgugan · Updated on
Reviewed by Shannon Martin, Licensed Insurance Agent.
Mandatory car insurance is not unconstitutional, as there is no national requirement for drivers to maintain a certain amount or
type of car insurance
. Every state has its own laws for the minimum coverage car insurance requirements that every driver must have to legally operate a motor vehicle. While some people believe mandatory insurance is unconstitutional, here are a couple of questions to ask yourself:
- Does it violate the freedom given by the Constitution?
- Why are drivers required to have car insurance in the first place?
Car insurance has been—and still is—the cheapest way to protect yourself, your vehicle, and other drivers if you’re involved in an accident.
There is a simple explanation of why mandatory car insurance does not breach the United States Constitution—it exists to protect you and your car.
Some states don’t require car insurance but require drivers to prove
financial responsibility
to pay for accident damages out of pocket. This, too, is a form of insurance, so almost all states require drivers to have liability insurance of some sort.The U.S. Constitution guides state laws and is set up to not interfere with your state’s constitution. Your state can legislate insurance parameters as they see fit, which is why
state insurance laws
vary from state to state.The biggest key to remember is that driving is not a requirement—it’s a privilege. All drivers are held responsible for their actions if they operate a vehicle. These laws ultimately keep everyone safe and responsible.
View full answer
- Gregory R.
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