What Happens If an Uninsured Driver Is Injured in an Accident They Did Not Cause?
Being involved in a car accident is frightening enough. However, being involved in an accident you did not cause when you don’t have car insurance can be terrifying. Are there consequences to driving without insurance? Can you still recover the money you need for your medical expenses and property damage?
At Amourgis & Associates, Attorneys at Law, we know that if you were injured in a car accident when you were an uninsured driver, you have questions. We want to give you the information you need to manage this stressful situation, preparing you for what to expect.
Is Auto Insurance Required in Ohio?
Yes. Ohio law requires anyone who registers a vehicle in Ohio to purchase auto insurance. The state’s minimum insurance coverage requirements are:
- $25,000 for the bodily injury or death of one person
- $50,000 for the bodily injury or death of two or more people
- $25,000 per accident for property damage
Drivers must carry proof of insurance and present it at traffic stops, for vehicle inspections, and when involved in car accidents. Drivers who fail to provide proof of insurance can lose their driver’s license until they secure adequate coverage. Subsequent offenses for failure to obtain car insurance coverage result in a license suspension for up to two years. You could also lose your license plates and vehicle registration.
Additionally, drivers must pay reinstatement fees when getting back their license after a suspension for failing to carry car insurance. The fees range from $100 to $600, depending on the number of previous violations. Suppose you are involved in an accident and do not have insurance. In that case, you can also face a security suspension for two years or more and an indefinite judgment suspension until all damages are satisfied.
Proving Liability in an Ohio Auto Accident Lawsuit
Proving liability in an Ohio car accident lawsuit takes evidence. You must demonstrate the other driver caused the crash to maximize your chances of recovering the compensation you deserve. Evidence that can help strengthen a case may include the following:
- Police report
- Witness statements
- Medical records
- Photographs and videos of the scene
- Accident reconstruction expert testimony
- Cell phone records
An attorney can be instrumental in investigating the cause of an accident and collecting evidence before it can be lost or destroyed.
Can I Still Recover Compensation If I Was Driving Without Auto Insurance?
Technically, it may still be possible to recover compensation following a car accident with a careless driver, even if you did not carry insurance coverage at the time of the collision. However, you may still be penalized for failing to have car insurance. The overall value of your claim depends on the severity of your injuries and the cause of the accident.
Keep in mind that Ohio follows a modified comparative negligence model in personal injury lawsuits. That means compensation can diminish by the same percentage of fault you bear for causing an accident. If your fault exceeds 50 percent, you cannot recover compensation following an accident. Although this rule binds civil court cases, insurance adjusters also use it to help calculate the value of an accident claim. Not having insurance should not influence the causation of negligence in a case or claim. However, a bias may exist in an adjuster’s mind, which could impact the compensation you recover.
Recovering the money you deserve may be challenging without the assistance of an experienced Ohio car accident attorney.
What Is the Deadline for Filing My Auto Accident Lawsuit?
Ohio law gives accident victims two years from the accident date to file a personal injury lawsuit seeking compensation for their financial losses. Contact an Akron car accident lawyer to get the compensation you deserve.
Speak to an Experienced Car Accident Attorney Now
Are you worried about recovering the compensation you deserve because you were in an accident without insurance, even if you aren’t responsible for causing the crash? At Amourgis & Associates, Attorneys at Law, we want to help you. Call to discuss your situation with a knowledgeable Ohio car accident lawyer today.
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At Amourgis & Associates, Attorneys at Law, we only represent consumers. We fight for regular people who have been seriously hurt in accidents. We fight for people who are being crushed by overwhelming debt and need a fresh start. We fight for individuals and families. Never businesses. Never insurance companies. We are loyal to the consumer.
