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Rear Ended but Not Insured

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cdennis321

Junior Member
What is the name of your state? Ohio

My husband was driving my car and when he was proceeding to make a left hand turn into a gas station, someone rear ended him. There was minor damage to my car but the other car had damage. My husband was not licensed (I was unaware of if) or insured and I myself had missed my insurance payment and the car was not insured at the time. Is the other party liable? Can they or their insurance company sue me for the damage even though they rear ended my car? Will my license be taken away because of this?
 


Zigner

Senior Member, Non-Attorney
What is the name of your state? Ohio

My husband was driving my car and when he was proceeding to make a left hand turn into a gas station, someone rear ended him. There was minor damage to my car but the other car had damage. My husband was not licensed (I was unaware of if) or insured and I myself had missed my insurance payment and the car was not insured at the time. Is the other party liable? Can they or their insurance company sue me for the damage even though they rear ended my car? Will my license be taken away because of this?
Not having insurance (or a license) does not, in and of itself, make one liable for an accident.
 

moburkes

Senior Member
Proof of financial responsibility is required to be verified under the following circumstances:

When an individual or a motor vehicle owned by the individual is involved in a motor vehicle accident that results in bodily injury to or death of any individual or more than $400 of property damage and a complaint is filed with the BMV alleging that the driver or owner was uninsured at the time of the accident. The law permits the driver of any motor vehicle "which is in any manner involved" in such an accident to forward, within six months of the accident, a written report to the Registrar alleging that a driver or owner of any other vehicle involved in the accident was uninsured at the time of the accident. The BMV must send notice of the allegation to that driver and owner. Within 30 days after the mailing of the notice, the driver or owner must forward a report and acceptable proof of financial responsibility to the BMV.

...
Failure to comply with proof of FR will initiate a suspension process through the BMV.
...Financial Responsibility Violator Penalties

Failure to provide proof of financial responsibility, when required, will result in the following civil penalties imposed by the Registrar of Motor Vehicles:

Lose driving privileges for a minimum of ninety (90) days and up to two (2) years;

License plates and vehicle registration suspension;

License plate reinstatement fees of $125 for first violation, $300 for second violation, and $550 for a third or subsequent violation (this includes a $50 penalty for failing to surrender the license, plates or vehicle registration to the BMV);

Require filing with the BMV (SR-22 or bond) to continuously maintain proof of financial responsibility for a minimum of three (3), up to five (5) years from the date of the suspension of operating privileges;

Vehicle immobilization and confiscation of plates for 30 to 60 days for violating FR suspension. Third and subsequent offenses could result in vehicle forfeiture and a five (5) year suspension of vehicle registrations.

Driving and registration privileges cannot be restored until all requirements of the suspension have been met.
...
When Involved In An Automobile Crash

If you are involved in an auto crash without insurance or other FR proof, additional penalties may apply. You may have a security suspension for two (2) years or more and a judgment suspension for an indefinite period until the judgment is settled.



If you are involved in a crash in which any party is injured or property damages exceed $400, you may file a BMV Crash Report (form BMV 3303). This is regardless of who was at fault. You should contact your insurance agent as soon as possible. This form is not the same as the report taken by law enforcement officers at the crash scene. In addition, you may file a Crash Report if you know or have reason to believe that the other party was uninsured.



You should have your mechanic document any damage to your vehicle, and your insurance company attest to your insurance coverage. Also supply as much information as you have on the other party such as name, social security number, address, driver license number, plate number, make and model of car. Through the vehicle crash report, the Bureau will determine if the other party has insurance. If the other party is not insured, a letter of suspension will be sent to them. If the other party caused the damages, they may have their license suspended until they pay (or until they make arrangements to pay) your damages.



Ohio don't play!
 

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