Rear-End Car Accidents in Ohio: Who’s at Fault?
Posted in: Car Accidents
KNR Legal Blog
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 have certain rights and responsibilities, including the eligibility to recover compensation from the driver responsible.
The fact that you have no insurance doesn’t mean that your accident claim is invalid. Tort law will still apply, meaning the at-fault driver will be held accountable and you’re entitled to pursue compensation from them. However, you could still face penalties for driving without insurance.
If you don’t have insurance, you may wonder how you will pay for medical bills and car repairs. The good news is that Ohio is an at-fault insurance state. This means that the driver who caused your accident will need to cover all the damages you incurred.
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:
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 since the chances of getting into an accident with an uninsured driver are higher than one might think. There is no guarantee the other driver in your accident has UIM, and you can still be liable for additional expenses if the damages from the accident exceed their coverage.
Even if uninsured, you shouldn’t be responsible for damages in an accident that was someone else’s fault. 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.
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.
Although you can fight to recover compensation from the at-fault driver after a car accident, you will still face penalties for driving without insurance. Even if the other party caused the crash, reinstating your driving privileges is your responsibility.
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 requires high-risk drivers to keep proof of coverage on file for three to five years.
You may face additional penalties or fines imposed by the court. 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.
Are you an uninsured driver hurt in a car accident that was not your fault? Let a car accident lawyer review your case and determine the best course of action. They will be able to investigate your claim to collect evidence that proves the at-fault party’s negligence. Call Kisling, Nestico & Redick today for a free consultation.