In Ohio, a driver who is stopped by law enforcement must show the officer his/her driver's license, registration, and proof of insurance upon request. I have always assumed failure to show proof of insurance results in immediate and severe penalties.
However, my granddaughter was involved in an accident in which a driver blew through a stop sign and failed to provide that information, and I discovered the law is much more complicated than I ever imagined. Even when the other person is at fault in an accident, don't assume securing payment for your damages is a simple matter of fact.
The law seems straightforward. In Ohio, it is illegal to drive any motor vehicle without proof of insurance or other financial responsibility coverage.
The minimum required for insurance coverage in Ohio:
$25,000 for injury/death of one person
$50,000 for injury/death of two or more people
$25,000 for property damage in an accident
Ohio drivers must sign stating that they have auto insurance when they get their drivers license, but they are not required to give proof. The only time motorists are expected to present proof of insurance are at traffic stops, accident scenes, vehicle inspections and traffic court appearances.
But, many drivers don't have proof of insurance with them. And, here's where the law gets complicated.
If a driver does not show proof of insurance at the time of an offense, courts are required to notify the State of Ohio Bureau of Motor Vehicles who in turn will mail him/her a request for proof of insurance. Failure to comply will result in a suspension of driving privileges
When law enforcement officers request financial responsibility proof and motorists don’t have it available, they are given a notice explaining the options to provide such proof. The options include:
Sending a copy when paying the fine
Bringing FR proof when appearing in traffic court
Sending FR proof when requested by the BMV
Failure to comply initiates the BMV's suspension process.
The repercussions for not providing insurance depend on the reasons why the other driver didn’t provide insurance. If the driver refused to show insurance information because he wasn't insured, significant penalties could be imposed on him.
Some states will even impose administrative or criminal penalties. Just about every state will impose fines of hundreds or thousands of dollars. Plus, in most states, the Department of Motor Vehicles will impose penalties, such as revocation or suspension of their license for a period of several months to a year. Criminal charges can be brought up if the driver was drunk and caused serious injuries.
All of this sounds reasonable, doesn't it?
But, Did You Know?
Even though proof of insurance is required whenever a police officer issues a traffic ticket, that officer will not issue a ticket for failure to provide insurance information.
Penalties for failure to provide this information are enforced by the Ohio Bureau of Motor Vehicles. These penalties are in addition to any fines or penalties imposed by a court of law.
And, What If An Insured Driver Doesn't Share Insurance Information With You?
All parties involved in an accident are required to stop their vehicles and exchange information. This includes names, addresses, and vehicle registration numbers. You should also obtain the other driver’s insurance carrier and policy number. Simple enough, right? Wrong.
What about at-fault drivers and their duty to cooperate? Well, the truth is there’s not much you can do when the at-fault driver refuses to cooperate with the insurance investigation. This is a tremendous breach of trust – if not a breach of contract. But there’s nothing you can legally do to compel the other driver to cooperate. Unfair? Read on.
Insurance policies contain cooperation clauses (or “duty to cooperate” clauses). Investopedia explains:
“A cooperation clause is a passage in an insurance contract that requires the policyholder to work with the insurer if a policy claim occurs. Under this agreement, the policyholder must participate in and contribute to any investigation of the insurance claim.”
The National Law Review cites a court case, Staples v. Allstate (2013) in which the court noted the following.
“Cooperation is essential to the insurance relationship. That relationship involves a continuous exchange of information between insurer and insured interspersed with activities that affect the rights of both. The relationship can function only if both sides cooperate.”
You didn't read of on-the-spot compliance and legal responsibility, did you? Evidently, that just doesn't exist. This is where the ball now rests entirely in the court of the victim of the accident. If the other driver is uncooperative, the victim must take initiative to hold that driver at fault. In the case of an at-fault driver's noncooperation, the pursuit of justice weighs upon the victim.
At the Scene
Generally speaking, you should always call the police immediately following an accident, unless there is no damage to the vehicle or the damage is very minor.
If the at-fault driver attempts to leave the scene before the police arrive, you should not intervene. Instead, record that driver’s license plate information and their model of car so that the authorities can track down the offender.
Securing insurance information is the only way to help guarantee a positive outcome. Whether or not the at-fault driver promises to pay without a claim doesn’t matter; you should still attempt to get all the information required to make a claim against the at-fault driver's insurance.
This essential information includes everything that shows that the other driver caused the accident. Documenting the accident scene with a phone – taking pictures of all the vehicles involved, road conditions, and injuries – is advisable.
Also, you should ask any witnesses for their contact information as well as their account of what happened. Witnesses can help support the case and prove the other driver’s liability.
Redress For Noncompliance
When a policyholder refuses to cooperate, his/her insurance company may deny coverage. But what good does that do for the victim of an accident? Not much. How unfair and frustrating.
One reason some drivers don’t want to supply insurance information is that they don’t carry insurance. Others may have insurance that already has a high premium and other penalties would result if accidents ended up on their records.
If a party won't provide insurance information, you will need to file an uninsured motorist (UM) claim to recover compensation for losses. If the other driver has insurance but not enough coverage to cover losses, you will have to file an under-insured motorist (UIM) claim under your own policy.
In the end, you may have to take the at-fault driver to court to sue for expenses. But this takes time and money with no guarantee of winning a settlement.
The Point of Contention – Insured, But Evading Contact
The person who ran into my granddaughter was at fault and yet refused to share insurance information with her. How could this be? Let me explain.
The person who ran the light and crashed into her was extremely guarded and uncooperative after the accident. For whatever reason, he chose not to reveal his insurance information. We thought he may have been uninsured, but later – after three weeks of investigation – we finally discovered he had coverage after all.
The accident report should have contained contact information regarding the at-fault driver including his insurance company and his policy number. My granddaughter needed this information to make a claim with the other driver’s insurance company.
However, my granddaughter's accident report did NOT contain this information. Under “Insurance Company” was recorded “Unknown” and there was NO check for “Insurance Verified.” Also, the “Policy Number” was blank
Also, she found that the owner's name and address had been redacted from the report. So, in short, she had NO way of contacting the at-fault driver. Even though she attempted to do so, she was unable to reach him – phone numbers attained through her insurance company's investigation had been disconnected and in-person contact attempts for assistance failed.
What insurance company should she contact for his liability? No one had a clue. Without anything on the accident report and with no contact information for the driver, my granddaughter was helpless … now, not only a victim of a reckless accident but also an innocent target of neglect.
To top it off, the at-fault driver merely paid his ticket for running the stop sign and forgot about his financial liability for the accident. (He evidently gave proof of insurance to the recorder when paying his fine? This remains something unknown to my granddaughter.) He NEVER made an attempt to contact her and pay for the damages he caused.
The police department could not help.
For your edification:
The police do not ticket a driver for failure to provide proof of insurance. Penalties for failure to provide proof are enforced by the Ohio Bureau of Motor Vehicles. There is a difference! Courts and administrations are typically involved in such matters. These processes can be very involved.
An accident report by the police does not provide an at-fault driver's address, phone number, or insurance company information. This critical contact information is not available through the authorities.
Unless you – as a victim of an accident – relentlessly pursue action through your own insurance company and/or the action of a lawsuit, the at-fault driver will not be held liable for damages.
Bringing a non-compliant motorist to justice can be a ridiculous burden that rests with the innocent victim of an accident. Unless that victim is willing to invest considerable time and money in the process, no action will likely result.
Somehow, after many phone calls and in-person contacts, State Farm – my granddaughter's insurance company – finally tracked down the at-fault driver's insurance information. Thank God Farmers handled the claim of her totaled automobile. Despite the long delay, she now has hope that she can find a new car. And, above all, thank God my granddaughter was not physically injured in the accident.
In all of this, I learned many lessons – the most important of which is that when you are dealing with an uncooperative, uncaring individual, you must never assume the law, the insurance company, or any other agent of rectitude will pursue justice … even when the other party is at fault. Citations, fines, reports, and liability can mean little or nothing in the case of securing payment for personal or property damages. And, for sure, everyone should have uninsured and underinsured motorist coverage to help in case of need.
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