Every day… motorists tool around our roads who are uninsured. If you are one of them, contact us right away to solve that problem. It’s what we do! But the question still remains, and we get asked this all the time:
Can I go to jail for being in a car wreck without insurance?
That’s a very important question! Our team has more than 45 years combined insurance experience, we’re here to help.
Lets Start with the Basics:
It’s (usually) not a jail-able offense on its own: Clearly stated, simply being in a car accident without insurance generally doesn’t lead to jail time. The focus here should be on the lack of insurance, not causing the accident.
The key is “on its own”: Emphasize that this changes if other factors are involved (more on this below).
Ohio State Laws Regarding Uninsured Motorists:
Here’s how the information above applies specifically to Ohio:
Ohio’s Financial Responsibility Law:
Ohio has a Financial Responsibility law, meaning drivers must be able to prove they can cover damages if they cause an accident. Insurance is the most common way to do this. Driving without insurance in Ohio is a traffic offense.
Penalties in Ohio for Driving Without Insurance:
- License suspension: Your driver’s license will be suspended until you obtain insurance and pay reinstatement fees.
- Reinstatement fees: These can range from $100 to $600 depending on the number of prior offenses.
- SR-22 requirement: You’ll likely be required to carry SR-22 insurance for several years, which is more expensive.
- Vehicle registration suspension: Your vehicle registration and license plates may also be suspended.
- Vehicle immobilization: For repeat offenses, your vehicle could be immobilized.
When Jail Time Could Be a Factor in Ohio:
- Driving under suspension: If your license was already suspended for a prior offense (including a prior insurance violation) and you’re caught driving, you could face jail time.
- OVI (Operating a Vehicle under the Influence): Ohio’s OVI laws are strict, and if you cause an accident while under the influence, you could face significant jail time, regardless of insurance.
- Vehicular manslaughter/homicide: If an accident results in death and you’re found to be at fault (especially if negligence or recklessness is involved), you could face serious felony charges with potential prison sentences.
- Hit and run: Leaving the scene of an accident in Ohio is a crime, and if injuries or death are involved, it can lead to felony charges and potential imprisonment.
For a first offense of driving without insurance in Ohio, your driver’s license, vehicle registration, and license plates will be suspended. To reinstate them, you’ll need to pay $160 in fees (a $100 reinstatement fee, a $50 compliance fee, and a $10 registrar service fee) and file SR-22 insurance for 3-5 years. Driving during this suspension will result in vehicle immobilization and confiscation of your license plates for 30 days.
Other Legal and Financial Consequences:
- Fines and penalties: Driving without insurance is illegal in most places and carries fines, license suspension, and other penalties.
- Financial responsibility: Without insurance, the driver is personally liable for any damages or injuries they cause. This could lead to lawsuits, wage garnishment, and financial hardship.
- SR-22 insurance: In some cases, drivers may be required to obtain SR-22 insurance, which is more expensive and signifies a high-risk driver.
Key Takeaways for Ohio:
While simply being in an accident without insurance generally won’t lead to jail time on its own in Ohio, the penalties are still significant, including license suspension, fines, and SR-22 requirements. Consider contact our helpful staff at Bill Palmer Insurance for a judgement free assessment of your insurance needs.
Thank you to the Tri-State Public Safety Board for the image of the Lancaster Ohio police cars.
