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Accident with an Individual Without Insurance in Ohio

Ohio law requires drivers who purchase automobile insurance to demonstrate Financial Responsibility to have at least $12,500 of Bodily Injury or Death Liability Coverage per person ($25,000 for 2 or more persons), as well as $7,500 of Property Damage Liability Coverage for any one accident. (See Ohio Revised Code Section 4509.101).  However, many times accidents result in damages that exceed those minimum coverage limits. If the at-fault driver’s insurance policy limits are exceeded, then that driver may be personally responsible to pay the difference not covered by the automobile insurance policy. Even though it is illegal in the State of Ohio to drive without insurance, there are still many drivers out on the road without the State minimum coverage.  If you are involved in an accident, there are one of several scenarios you can choose in an attempt to recover your losses.  First, you can seek to recover the damages against the car owner personally.  Second, you can seek to recover damages against the driver personally.  And third, you can file a claim with your insurance company under a uninsured/underinsured policy, if it is available.

If the driver didn’t have the funds to pay for the damages, they could face legal action and long-term debts. If the car owner’s child was driving a car that was underinsured and was in an accident, the child would be held responsible for any damages and could face significant debt. The driver and the driver’s family could end up paying for one accident for the rest of their life! The Department strongly encourages consumers to talk with their insurance agent to discuss the risks of only getting the bare minimum levels of insurance. When an accident occurs and one person does not have insurance, you should make sure to document the accident as soon as possible. You should make a call to the police as soon as possible after the accident. Ideally, the police will be called to the scene and the information on all drivers is documented by the officer.

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