What Is Loss of Consortium under Ohio Law?
Posted in: Legal Blog
KNR Legal Blog
If you don’t have insurance, you may wonder how you will pay for medical bills, car repairs, or even basic expenses after a crash. The good news is that Ohio is an at-fault insurance state. This means that when another driver causes your accident, their liability coverage is typically responsible for your losses—even if you were uninsured at the time of the collision.
In many cases, you may be able to pursue a claim directly with the at-fault driver’s insurance company and, if necessary, file a personal injury lawsuit against the negligent driver. A successful claim can help you avoid paying out of pocket for losses that were not your fault.
You may be able to pursue a liability insurance claim, and even a personal injury claim against the at-fault driver. You could recover compensation for any of the following types of damages:
Every case is different. Your ability to collect payment may depend on how much insurance the at-fault driver has, the severity of your injuries, and whether additional parties or policies are involved. An attorney can help you identify all available sources of recovery and protect you from being unfairly blamed for the crash.
You didn’t cause the crash, but without car insurance, who pays?
If you’re an uninsured driver involved in a car crash that was not your fault, you still have important rights. Ohio’s tort system allows you to seek compensation from the driver responsible, even if you did not have insurance at the time of the accident. The value of your claim is based on your injuries and losses—not your insurance status.
However, driving without insurance does come with consequences. While tort law allows you to pursue compensation from the at-fault driver, you may still face separate penalties from the state for operating a vehicle without proof of financial responsibility. It’s possible to both seek compensation and deal with uninsured driving penalties at the same time, which is why getting legal advice early is so critical.
Are you an uninsured driver hurt in a car accident that was not your fault? You do not have to figure out your options alone. An experienced car accident lawyer can explain how Ohio’s at-fault rules apply, help you navigate uninsured-driving penalties, and build a strong case against the driver who caused your crash.
Let a car accident lawyer review your case and determine the best course of action. They can:
A lawyer can also advise you about your obligations as an uninsured driver, what to expect from the BMV, and how to avoid mistakes that might hurt your claim or your ability to drive in the future. Call Kisling, Nestico & Redick today for a free consultation.
Although you can still fight to recover compensation from the at-fault driver after a car accident, Ohio law requires all drivers to maintain proof of financial responsibility. That means you must carry at least the minimum required car insurance or another approved form of coverage. Even if the other party caused the crash, you are still responsible for addressing any penalties that result from driving uninsured.
Under Ohio law, the state will automatically suspend your driver’s license, license plate, and registration if you are caught driving without car insurance. If you want your driver’s license reinstated, you’ll have to pay fees starting at $100. Fees can reach $600 for third and subsequent offenses.
You’ll also need to show the state that you have car insurance to be reinstated. The BMV may classify you as a high-risk driver and require you to keep proof of coverage on file for three to five years. During this time, it’s especially important not to let your coverage lapse.
You may face additional penalties or fines imposed by the court, and future auto insurance may be more expensive because of your uninsured driving history. The Ohio BMV has a comprehensive page detailing the penalties for driving without insurance.
If you drive or attempt to drive with a suspended license, your car could be impounded or immobilized with a tire boot or club for 30 to 60 days. Your vehicle will be forfeited and sold for three or more suspension violations. You will not be allowed to register a motor vehicle in Ohio for five years.
In addition to these penalties, driving while suspended can seriously damage your credibility in any related injury claim. Courts and insurers may view continued violations as a sign of disregard for the law, which can complicate your case. If your license is suspended after a crash, talk to an attorney before getting back behind the wheel.
According to the Insurance Information Institute, many drivers don’t carry the insurance required by their state — approximately one out of eight drivers.
Uninsured motorist coverage (UIM) is optional in Ohio. Still, many drivers carry it so they can file a claim with their own insurance if they are hit by an uninsured or underinsured driver. This coverage is designed to protect them—not the uninsured at-fault driver—when the person who caused the crash doesn’t have enough insurance to pay for all the damage.
If you were uninsured and at fault for a crash, the other driver’s UIM coverage may help them recover money from their own insurer. You can still be personally liable for additional expenses if the damages from the accident exceed their coverage limits. On the other hand, if you were uninsured but not at fault, the at-fault driver’s liability coverage—not their UIM—would usually apply to your losses.
Even if you do not have insurance, you should not be held financially responsible for an accident that someone else caused. A car accident attorney can help you understand your rights, evaluate your options, and pursue compensation from the at-fault driver and any available insurance policies.
Your car accident attorney will handle all the legal details of your case, prove the other driver’s negligence, negotiate on your behalf, and advocate aggressively to recover the compensation you deserve for your losses. They can also help you address any penalties related to driving without insurance and ensure you take the right steps to restore your driving privileges.
It’s important that you get the name and information of the other driver involved in the crash, as well as the police report. If you fail to obtain insurance information and/or a police report, you may impair your ability to recover damages from the other driver, whether you have insurance or not. Your attorney can help you gather necessary evidence and present you with other options if you failed to obtain this information at the accident scene.
Yes. In Ohio, fault—not your insurance status—determines who is responsible for paying accident-related damages. If another driver caused the crash, you may pursue a claim against their liability insurance or file a lawsuit. However, you may still face penalties from the state for driving without insurance, which are separate from your injury claim.
No. Ohio law does not automatically bar uninsured drivers from filing personal injury lawsuits. You still have the right to seek compensation from an at-fault driver. That said, your uninsured status may trigger license suspension and other administrative penalties, which your attorney can help you understand and address.
If the at-fault driver is also uninsured or underinsured, it can be harder to collect full compensation. Your attorney will look at all possible sources of recovery, including personal assets, other potentially liable parties, and any available insurance. The sooner you get legal help, the better your chances of identifying a workable path to recovery.
Insurance companies may try to use your uninsured status to cast doubt on your responsibility or judgment. An attorney can argue that, while driving without insurance was a legal mistake, it did not cause the crash. Their focus will be on proving the other driver’s negligence and documenting your legitimate injuries and losses.
It is especially important to talk to a lawyer if you were uninsured at the time of the crash. You may be dealing with injury claims, insurance negotiations, and BMV issues all at once. An attorney can protect your rights, help you avoid costly errors, and pursue the best possible outcome under Ohio’s uninsured driving and injury laws.