What Happens If the Person at Fault in an Accident Has No Insurance in Ohio?

According to Ohio Revised Code 4509.101 and Ohio Administrative Code 4501:1-2, all motorists are legally required to carry minimum liability insurance. Driving without valid coverage is a legal offense in the state. Ohio adheres to an at-fault auto insurance system, which holds the responsible driver liable for all damages, injuries, or financial losses resulting from an accident.

If the at-fault driver has no insurance, they are still personally liable and must pay for the victim's damages out of pocket. Victims may sue the uninsured driver to recover losses, but success depends on the driver's financial capacity. Additionally, injured parties may rely on their own uninsured motorist (UM) coverage if applicable.

Driving without insurance is categorized under Ohio traffic violations and infractions, and may result in significant penalties, including license suspension, reinstatement fees, vehicle impoundment, and heightened civil liability in accident-related cases.

Is It Illegal To Drive Without Insurance In Ohio?

Yes. It is a punishable crime under Ohio Revised Code 4509.101 to operate a vehicle in Ohio without insurance. Individuals who violate this law are subject to the following consequences:

• Suspension of their license or any type of driver's permit for up to 90 days and up to a year for repeat offenders
• Vehicle or license impoundment
• If released and caught operating a vehicle without insurance again within a year, the individual will receive a Class C license suspension. The suspension will only be revoked when the individual provides proof of financial responsibility, and not earlier than 30 days after the suspension is imposed
• Court costs

Generally, repeated offenses result in more severe consequences, especially when they occur within a year.

What Is the Minimum Insurance Requirement in Ohio?

The Ohio minimum coverage requirements for auto insurance are as follows:

• $25,000 covering injury or death of one person
• $50,000 covering the injury or death of two people
• $25,000 covering property damage

However, motorists can choose to add additional coverage options, such as Uninsured Motorist (UM), Underinsured Motorist (UIM), or Medical Payments (MedPay), which cover specific damages. Typically, having these extras, in addition to the basic coverage, provides more comprehensive protection regardless of the severity of damage caused in an accident.

What To Do After A Car Accident With an Uninsured Driver in Ohio

It is not uncommon for an uninsured driver to be involved in an accident in Ohio. However, there are steps that one can take if this occurs.

The first course of action for anyone involved in a serious accident, particularly one resulting in injury, death, or property damage exceeding $400, should be to contact law enforcement. Law enforcement officers will investigate the scene and forward a copy of their report to the Director of Public Safety, as outlined in Chapter 4501-31 of the Ohio Administrative Code.

If the crash involves an uninsured driver, and there is bodily injury exceeding $500 and property damage exceeding $400, the affected driver may complete the uninsured accident report form supplied by Ohio's Bureau of Motor Vehicles (BMV) and submit it to the following address to request the suspension of the uninsured driver's license:

Ohio Bureau of Motor Vehicles
Attn: Compliance Unit
P.O. Box 16583
Columbus, Ohio 43216-6583
Fax: (614) 308-5107
Email: BMV3303@dps.ohio.gov

The affected driver must provide identification details of the uninsured driver that match the records in the BMV database, including the driver's name, date of birth, address, driver's license number, social security number, and either the driver's license plate number or vehicle identification number. This report must be submitted within six months following the accident. Per Section 4509.74 of the Ohio Revised Code, all car accidents must be reported in Ohio; failure to report constitutes a minor misdemeanor.

After reporting the incident, the affected driver can contact their insurance agency to inquire about coverage for damages, particularly if they have Uninsured Motorist (UM) or Underinsured Motorist (UIM) coverage, or other relevant insurance.

Lastly, the driver may consider filing a lawsuit to claim damages, regardless of their insurance situation.

What Happens If You Have No Insurance But The Other Driver Was At Fault?

Even if the affected motorist is not at fault, they are still liable for the legal consequences of driving without insurance in Ohio. However, a lack of insurance does not eliminate the affected driver's right to claim damages; only the process may be more complicated than if the affected driver had insurance. Additionally, the driver may not recover full damages, which could lead them to pay out of pocket for any shortfalls.

Can I Sue an Uninsured Driver in Ohio?

Yes. Ohio is a fault state, meaning the driver at fault is responsible for the costs of damages resulting from an accident. However, civil claims must be filed within two years due to the statute of limitations. Section 2305.10 of the Ohio Revised Code permits individuals to sue for property damage and bodily injuries.

The amount of a claim determines which court is appropriate for filing. Individuals can file their cases in small claims court if the total claim is $6,000 or less, or in a superior court for claims exceeding $6,000. If a plaintiff files a case seeking damages above $6,000 in a small claims court, they risk receiving an award of damages capped at $6,000.

Will My Insurance Cover Me If the At-Fault Driver Has No Insurance in Ohio?

If an individual is struck by an uninsured driver, they have two options: seek compensation directly from the at-fault driver (who is typically responsible for covering the cost of damages) or contact their insurance company (if they hold uninsured/underinsured motorist (UM/UIM), uninsured motorist property damage (UMPD), medical payment (MedPay), or collision coverage). However, even if the victim possesses insurance, they still have the option to pursue a lawsuit.

The scope and limitations of UM, UIM, and UMPD are outlined in Section 3937.181 of the Ohio Revised Code.

What Is Uninsured Motorist Coverage in Ohio?

According to Section 3937.18 of the Ohio Revised Code, insurers are not required to offer uninsured motorist (UM), underinsured motorist (UIM), or uninsured motorist property damage (UMPD) coverage when a person purchases minimum liability insurance. However, if the insurer chooses to offer these coverages, the motorist can accept or decline them.

These coverages compensate for damages that an at-fault driver is legally responsible for but cannot pay, including those not covered by minimum insurance. UM and UIM cover bodily injuries sustained by the insured and any passengers in their vehicle at the time of the accident, while UMPD covers property damage. Additionally, uninsured motorist coverage is typically not allowed to exceed the limits of the minimum insurance coverage.

One advantage of having additional insurance policies is that if an individual is struck by an uninsured driver who cannot pay for the damages caused, the affected driver will not have to cover those costs out of pocket.

What If I Don't Have Uninsured Motorist Coverage in Ohio?

The process to retrieve compensation for damages in Ohio when an individual does not have uninsured motorist coverage is as follows:

Sue: The affected driver can file a complaint and go through the litigation process or seek a court settlement. If judgment is granted, the at-fault driver is required to make payment. If the at-fault driver fails to make the required payment, the affected driver can submit a complaint to the Ohio Bureau of Motor Vehicles (BMV). The department will suspend the license of the at-fault driver until the payment is made.

Apply for Victim Compensation

Drivers affected in a collision related to a crime can seek victim compensation from the Office of the Attorney General, especially in cases involving hit-and-run incidents or collisions with a driver under the influence of alcohol or drugs. However, only cases that have been reported to law enforcement are eligible for this compensation. Damages awarded do not exceed $50,000.

How Do I Get Compensation from an Uninsured Driver in Ohio?

The litigation process can be a means of obtaining compensation from an uninsured driver in Ohio. A civil suit is filed in court with jurisdiction, and the respondent is served. If the defendant fails to respond to the served complaint, the court will issue a default judgment. During the litigation process, the petitioner and the defendant must present all supporting documents related to their claims. This is where the affected driver can provide the crash report and other evidence supporting their claim for compensation.

The court will then reach a decision that becomes legally binding. However, some cases may be resolved out of court without going to trial.

Ohio's Rules of Civil Procedure provide further insight into how the civil court system operates.

How Much Can You Recover From an Uninsured At-Fault Driver in Ohio?

Even with a favorable judgment, a plaintiff is not guaranteed full compensation from an at-fault party. This uncertainty arises because the court must not only consider the evidence presented but also assess whether fulfilling the judgment is practical. The judge needs to determine if the uninsured at-fault driver (defendant) has any alternative assets that can be used to satisfy the claims of the affected driver or if they possess assets that can be liquidated to cover these damages. If such options are unavailable, the court will need to devise a feasible plan that considers the interests of both parties.

How To Find Out If the At-Fault Driver Has Insurance in Ohio

Motorists are required to present proof of financial responsibility at certain checkpoints or the scene of an accident. During the examination of the crash scene, the responding officers will collect information about both drivers, particularly focusing on the driver deemed at fault. This includes details about the driver and relevant information regarding the vehicle, such as the presence or absence of insurance coverage.

To determine if an at-fault driver has insurance, one can purchase the police report of the accident. It is also possible to ask the driver for their insurance details at the scene (drivers involved in a car accident are mandated to exchange information with each other). Another way to discover the existence of insurance is by querying the DMV.

Are Accidents Public Record in Ohio?

Yes. Accident reports are part of Ohio public records, meaning they are accessible under the Public Records Law. This implies that anyone can obtain a record of a crash. However, like other public records, there are restrictions on the information available in a publicly accessible crash record. For instance, a crash report involving a juvenile, such as in the case of a school bus accident, may not be available to the public. Additionally, records related to ongoing investigations or the contact numbers of the parties involved may be withheld.

Individuals interested in retrieving a crash report can access the crash report database maintained by the Ohio Department of Public Safety. The state's record retention period for crash records is five years.

Can You Go to Jail for Causing an Accident Without Insurance in Ohio?

It depends. Typically, a person does not go to jail for causing an accident without insurance, which is considered a traffic infraction. This is especially true for first-time offenders. However, the offender may face other consequences, some of which may be significant. If an individual is a repeat offender, defined as having multiple instances of being involved in an accident without insurance within a short time frame, like a year, they may face jail time.

Additionally, individuals who forge insurance documents may also face an incarceration sentence.

Can You Settle With an Uninsured Driver Out of Court in Ohio?

Yes. However, as Ohio is a fault state, it is necessary to consult with a legal representative to determine the best course of action. Cases where an "out-of-court settlement" is preferred are characterized by a more informal approach, aiming to reach a consensual agreement and a plan for paying damages. Generally, once this agreement is signed by both parties involved in the crash, it becomes legally binding.

Can I Get Compensation If I Was Partially at Fault?

Yes. Under Ohio's Comparative Negligence Law, a person is only compensated for an accident to the extent that it was not caused by any negligence on their part. However, if a person's fault exceeds 50%, they may be unable to obtain compensation.

If the crash investigation team establishes the percentage of fault for both drivers, one can take the case to court for an appeal. In such instances, the court will render the final judgment.