Can I Recover Even If the Liable Party Has No Insurance?

In Ohio, all drivers must carry bodily injury and property liability insurance coverage. However, there are many drivers who disregard this law and drive without insurance. If you get into an accident and find out that the driver who caused it has no insurance, you will likely be asking, “Can I recover even if the liable party has no insurance?” The answer is yes because the liable party will be responsible for paying for your damages out-of-pocket if they do not have insurance.


If you sustain an injury in an accident that was caused by a driver with no insurance, you should consult the highly skilled Ohio car accident attorneys of Kisling, Nestico & Redick right away. We can examine the details of your case and may be able to help you collect compensation.

Contact us today at 1-800-HURT-NOW for a free legal consultation, and to learn more about other personal injury FAQ.

Ohio Car Insurance Laws

All drivers must carry bodily injury and property liability insurance coverage in Ohio. In the event an insured driver causes an accident, their insurance policy will pay for the damages of the other drivers involved. All drivers in Ohio are legally required to carry the following amounts of insurance:

  • $25,000 bodily injury liability coverage per person injured in a single accident
  • $50,000 bodily injury liability coverage for all persons injured in a single accident
  • $25,000 property damage liability for a single accident

Penalties for Driving Without Insurance in Ohio

The penalties for driving without insurance are serious in Ohio. Drivers who are caught driving without insurance will have 30 days to obtain insurance and show proof of it. If they fail to do so, they will lose their driving privileges for up to two years. Additionally, they will be forced to pay a fee to reinstate their driver’s license and fund any damages that they caused to other drivers and their property out-of-pocket.

What Drivers with No Insurance Can Expect After Causing an Accident

The most nerve-racking aspect of driving without insurance is causing an accident. Since Ohio is a tort state, the driver who is at fault in a car accident is responsible for paying all damages suffered by other parties. In addition, the driver who was hurt has the right to file a lawsuit against the uninsured driver to recover damages for property damage, medical bills, and lost wages.

If an injured driver requires $20,000 worth of medical expenses to recover from an injury caused by the accident, the uninsured driver who was at fault will need to come up with the $20,000 to pay for these medical expenses. If the driver is unable to pay this amount upfront, payment plans or wage garnishment may be ordered by the court.

Until the at-fault, uninsured driver comes up with the money, the injured driver will have to pay for their medical expenses out-of-pocket or depend on their health insurance policy.

How Uninsured Motorist Coverage Can Protect You

Purchasing uninsured motorist coverage is an effective way to protect yourself against uninsured drivers. While this type of insurance coverage is optional, it is worth the investment, especially if you drive often.

If you have uninsured motorist coverage and get into an accident that was caused by an uninsured driver, your insurance company will recover the money from the other driver.

What to Do After an Accident with an Uninsured Driver

If an uninsured driver hits you, there are certain steps you should take to protect your rights and hold the other driver accountable for their negligence. These steps include:

  • Call the Police

    Although you should call the police in the event of any car accident, doing so is especially important when you’re involved in an accident with a driver who has no insurance. A police record and accident report can make the claims process easier and help you get your damages covered.

  • Collect the Driver’s Information

    Ask the driver for their name, license plate number, and contact information. During this interaction, the driver may inform you they don’t have any insurance details to share with you because they are uninsured.

  • Take Photographs

    Photograph the accident scene, the vehicles involved, and any injuries you may have sustained.

  • Seek Medical Attention

    Visit the doctor right away to get treated for any you sustained in the accident.

  • Contact Your Insurance Company

    Inform your insurance company of the accident and let them know that the driver who caused the collision does not have insurance.

  • Reach Out to a Car Accident Lawyer

    To learn about your legal options and increase your chances of recovering damages, you should reach out to a car accident lawyer as soon as possible.

Contact Kisling, Nestico & Redick

If you get hurt in an accident that was the result of an uninsured driver’s negligence, it is in your best interest to contact the Ohio car accident attorneys of Kisling, Nestico & Redick immediately. Contact us at 1-800-HURT-NOW for a free legal consultation.