Automobile insurance provides significant protection for those injured in motor vehicle accidents–and for those who are responsible for motor vehicle accidents. Ohio law requires drivers to carry automobile insurance, but not everyone does. And, even those who carry the mandatory minimums under state law may not be fully protected.
Every state has some motorists on the road without insurance, regardless of state requirements. How serious that problem is varies from state to state. According to one recent report, New Jersey has the lowest percentage of uninsured motorists, at 3.1%. At the other end of the spectrum, the uninsured rate in Mississippi was 29.4%.
In raw numbers, New York has the fewest uninsured drivers, at just over 22,000. California takes the lead by a large margin, with more than 4.5 million uninsured drivers on the road.
Ohio doesn’t make the top 10 or the bottom 10 when it comes to uninsured drivers. The report referenced above ranks the state at #21 for uninsured drivers, with 16.6% of motorists operating without insurance. That’s more than one million uninsured drivers sharing the road with you.
Nationwide, the rate of uninsured drivers has decreased over the past couple of decades, but the trend differs from state to state. Some have seen a decline in uninsured motorists from one year to the next and others a significant increase. Ohio’s rate remained relatively stable.
Ohio laws take car insurance seriously. If law enforcement catches you driving uninsured, it might:
Depending on the number of offenses on your record, you might attract different penalties for driving without insurance as follows:
If you can’t show proof of insurance when law enforcement asks for it for the first time, the state will temporarily revoke your vehicle registration, driver’s license, and license plate. You’ll have to pay a $100 fine to get the license plates back.
Failure to surrender your vehicle registration, driver’s license, and license plate in time will attract a $50 non-compliance fee. Depending on your payment method, you might also be charged a $10 service fee.
Once you pay the fine, the authority will require you to have an SR-22 form that is valid for three years.
If you go against the above terms, the state will seize your license plate for 30 days and immobilize your car.
If law enforcers catch you driving without insurance within five years of your first offense, they’ll revoke your driver’s license for a year. However, you might be granted limited driving rights after 15 days.
For your license and car registration to be restored, you’ll have to pay $300.
If you fail to surrender your car registration, license plate, and registration in time, you’ll be fined $50 and a $10 service fee.
After paying the fine, the state will want your insurer to file an SR-22 form valid for five years on your behalf.
Violating these terms will result in vehicle and license plate confiscation for 60 days.
If the state catches you driving uninsured for the third or subsequent time within five years, your driver’s license will be revoked for two years. After 30 days, the state might restore limited driving rights. However, you’ll have to pay $600 to get your license plate and vehicle registration back.
Plus, you’ll need an SR-22 insurance form, valid for five years. If you go against these suspension terms, the authority will impound and sell your vehicle. The authorities might also limit you from registering a new car for five years.
SR-22 insurance certificate shows that a driver has the minimum required car insurance. Not all drivers are required to have this certificate. It’s only necessary when a law court orders a driver to get one after a major traffic offense.
Ohio law requires only liability insurance. That means that a driver is required to carry motor vehicle insurance that will compensate others if the driver causes or substantially contributes to an accident. But, Ohio drivers aren’t required to carry insurance to cover their own medical care, property damage, and other losses in a motor vehicle crash.
The mandatory coverage includes:
You can probably see right away that these amounts aren’t likely to cover a serious car accident. Nearly a decade ago, the Centers for Disease Control and Prevention (CDC) put the average cost of a hospital stay after a car accident at more than $56,000. In the 10 years since the cost of hospital care has increased by more than 47%.
Of course, an Ohio driver has the option of buying more liability insurance. And, other types of insurance can help the injured party even if the driver who caused the accident doesn’t have insurance or doesn’t have enough insurance. These include:
Many people skip this type of coverage or keep limits low to save on automobile insurance premiums, but that can be short-sighted. If you’re hit by a driver who doesn’t have insurance or doesn’t have adequate insurance or you are in an accident that is your fault, the costs can be overwhelming.
In Ohio, the at-fault driver is liable for hospital bills, property damage, auto repair, and significant losses. When you cause an accident without insurance, you’ll incur the cost out of pocket.
If you aren’t in a position to cover the damage, you might face civil lawsuits.
You might face additional penalties if you cause a car accident and don’t have the right insurance coverage. If the Ohio Bureau of Motor Vehicle (BMV) finds you are uninsured and involved in an accident, it can suspend your driver’s license for up to two years. The suspension might be lifted if you and the plaintiff sign a payment agreement and deposit compensation for the damages with BMV. Other times, the state might suspend your driving privilege indefinitely until the court settles the case.
Without insurance, an Ohio motor vehicle accident can be very expensive for both the responsible driver and the victim.
If you’re involved in a collision with another vehicle and the driver isn’t insured, you can rely–at least in part–on whatever uninsured motorist coverage you’re carrying. But, what if you opted not to purchase that coverage?
Generally, you can expect to be responsible for the costs of:
You also generally won’t be able to recover for intangible harm such as pain and suffering.
Another driver whose negligence caused your injuries is indeed legally responsible, with or without insurance. But, most uninsured motorists don’t have sufficient assets to compensate you directly.
As daunting as the victim’s situation is, the responsible driver may be even worse off. First, the driver who caused the collision will generally be legally responsible for all of the damages described above, and possibly others. Without insurance, the injured person will be looking directly at the responsible driver for compensation. The injured party can still file a personal injury claim against the driver. But, the insurance company won’t be there to pick up the tab. And, the insurance company won’t be there to provide an attorney. So, a driver who wants to fight a car accident claim against them will likely have to hire and pay an attorney to defend them.
If the driver is found liable, the injured person can ask the court to attach the responsible driver’s assets to pay the judgment or request a wage garnishment. In a serious accident case, this usually won’t be enough to cover the injured person’s losses. So, the defendant may lose significant assets though the plaintiff still isn’t fully compensated.
Damages to the victim may be just the beginning. The uninsured driver responsible for the crash may also have been injured, sustained damage to their vehicle, and suffered other losses. That means the responsible driver may also have to repair or replace their vehicle, pay medical expenses, and figure out how to replace lost income while facing liability to the injury victim.
It’s natural to want to cut costs, but a small amount of savings on automobile insurance can translate into big costs later. With more than one million uninsured drivers on the road, it’s better to protect yourself.
If the police pull you over without proof of insurance, they’ll assume you aren’t insured or lack proper coverage. You can receive a citation at the traffic stop or a notice in the mail. The notice will state your offense and penalties, which you can accept or refuse. If you refuse the penalties, you will need to attend the stated court date.
If you have the insurance but couldn’t provide it at the time, you can appeal your ticket by showing proof of adequate coverage. Sometimes, the state can dismiss the ticket completely.
If you are caught driving without insurance in Ohio, consider consulting our Dayton car accident lawyers to understang your legal options and help you navigate the entire process.
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Before establishing Dyer, Garofalo, Mann & Schultz L.P.A., Doug Mann, a top Ohio Injury Attorney served as a bodily injury claims adjuster at a major insurance firm. With over 40+ years of experience, Doug’s background has proven invaluable in securing maximum cash settlements for his clients swiftly. Since leaving the insurance industry, Doug has devoted his entire legal career to assisting injured clients during their times of greatest need.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Doug Mann who has more than 20 years of legal experience as a practicing personal injury attorney.
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