Do you want to drive in the state of Ohio? Well, you have to have proper car insurance to do so.
Despite the law, many Ohio drivers do not have insurance. ABC6 News recently reported that approximately 12% of drivers on Ohio roads are uninsured.
So what do you do when you are in a car accident without insurance and you are not at fault in Ohio?
If you want the best outcome, speak to an Ohio car accident attorney. The experienced legal team at Bensinger Law can help you receive maximum compensation for the damage that was not your fault.
What Happens After an Accident with an Uninsured Driver?
The fallout from a car crash can be a nightmare. You might lose reliable transportation, wages, and physical abilities. And you might have large bills to pay to recover from the harm the other driver caused. All this becomes more daunting when the other driver does not have car insurance to cover your needs.
Regardless of who’s at fault and who has insurance, you should address certain needs immediately after a car accident, such as:
- Reporting the accident to the police;
- Collecting the other driver’s contact and insurance information (if any);
- Collecting contact information from witnesses;
- Taking pictures of the accident site, damages, and injuries; and
- Seeking medical attention, even for minor aches and pains.
Engaging in these activities can make it far easier to recover fair compensation after suffering an injury in a car accident.
You Can File an Uninsured/Underinsured Motorist Claim
Resolving your issues with an uninsured motorist can take longer than resolving issues with an insured driver. If you have accident-related medical needs and are strapped for cash, check your auto insurance policy.
If your policy includes uninsured or underinsured motorist coverage (UM/UIM coverage), you can file a claim with your own insurance to cover damages the at-fault driver caused. This process should be quicker than trying to get money directly from the other driver.
You Can File a Lawsuit Against an Uninsured Driver
If you don’t have UM/UIM coverage, or if your coverage doesn’t compensate you for all of your accident-related losses, you can sue the uninsured driver for damages. If the uninsured driver doesn’t readily have money to compensate you, you can enforce a trial award by garnishing the driver’s wages or attaching the judgment to their assets.
Damages you can recover in a civil lawsuit include compensation for accident-related:
- Wage loss,
- Medical needs,
- Property damage,
- Out-of-pocket expenses,
- Pain and suffering, and
- Punitive damages.
Your compensation should cover all of your present and future needs caused by the accident.
Don’t jump at the opportunity if an uninsured at-fault driver wants to pay out of pocket for your losses without court action.
A settlement offer from an at-fault driver who doesn’t have insurance is unlikely to cover all damages to which you are entitled. If you receive any settlement offers from an at-fault driver, speak to an attorney first to make sure the offer amount is appropriate and the settlement contract is properly drafted.
Contact our Ohio personal injury lawyers for a free consultation
What if I am the Uninsured Driver?
You must have adequate insurance to drive in Ohio. If you don’t have insurance, you are subject to penalties. But don’t make your situation worse by neglecting to hire a good attorney. Insurance or not, a good attorney can help reduce your damages if you’re the at-fault driver without insurance.
Penalties for Driving Without Insurance
If you drive without insurance, you could face the following penalties:
- Driver’s license suspension,
- Suspension of your right to register your vehicle,
- Impoundment of your vehicle’s certificate of registration and license plates, and
With or without the added stress of an accident, driving without a license can significantly disrupt your life and cost you a lot of money.
What Happens if I Am in a Car Accident Without Insurance and I Am at Fault?
If you are an uninsured driver and you are more than 50% at fault for the damages in a car crash, the other party can sue you for damages. You are also subject to the penalties for driving without insurance.
What Happens if I Am in a Car Accident Without Insurance and I Am Not at Fault in Ohio?
If you are an uninsured driver and you are 50% or less at fault for a car crash, you can sue the other party involved or make a claim on their insurance policy. Even though you’re not the at-fault driver in this scenario, you are still subject to penalties for driving without insurance.
Let Us Advocate for You
Car accidents are scary and get complicated fast, especially if you or the other party don’t have insurance.
Our legal team at Bensinger Law is experienced, passionate, and ready to represent car accident victims in northwest Ohio. Aaron L. Bensinger is an experienced personal injury attorney who can maximize your recovery and put your mind at ease.