Man holding his head, injured in a car accident.

If I Can’t Afford Car Insurance, Can I Still File a Personal Injury Claim?

When injured in a car accident in Ohio many are afraid of bringing a claim for personal injuries because they don’t have insurance as they are supposed to. They fear they will get into legal trouble. However, even if you don’t have car insurance you are still entitled to fair compensation under the same legal rights. 

Ohio does not follow the “no-fault” insurance system, but is what is known as a “tort state” or an “at-fault state.” A tort state is a state in which drivers who are at-fault for a crash are responsible for paying the medical expenses of the other party whom they injured. This also includes damages for lost wages and pain and suffering. This means that under an at-fault insurance system a victim can file an insurance claim either under their own insurance policy or that of the other driver-party. 

The main purpose of tort law is to hold others accountable and still deter others from committing such harmful actions. 

What Can You Recover?

This means that if you are injured in a car accident in Ohio that was the fault of the other driver(s), you may still be restricted in terms of what you can recover against them if you do not have insurance of your own. 

In Ohio the minimums include:

  • $7,500 for property damage;
  • $12,500 for bodily injury per person; and
  • $25,000 for total bodily injury (for all parties involved)

While Ohioans are not required to carry no-fault insurance, victims of car accidents can attempt reimbursement for lost wages and pain and suffering. 

Those who have been involved in a car accident that are found to be driving without valid insurance may face criminal or administrative penalties. Your driver’s license could be suspended or revoked for a period of a few months up to one year. 

Liability for Damages

In Ohio, the at-fault party will be liable to pay for the damages that you suffered regardless of the fact that you were driving without insurance. In fact, such a case gives you the right to pursue a liability insurance or personal injury claim against the defendant. 

However, you will still have to bear the legal consequences for your violation of the insurance requirements.

The statute of limitations in Ohio gives you a time period of two years from the date of the occurrence of a car accident to claim damages from the at-fault party. Once this time limit is exhausted, you are barred from filing a claim. Therefore, it is in your interest to act fast and consult with an Ohio personal injury lawyer regarding your claim.

The Attorneys at Jones Kahan Law, LLC Can Help Those in Ohio Who Have Been Injured in a Car Accident

If you or a loved one has been injured in a car accident, it can greatly impact many parts of your life. The physical, emotional, and financial toll can be overwhelming. That’s why it is so important to consult with a knowledgeable and experienced Auto Accident Attorney. 

At Jones Kahan Law, LLC, our Cincinnati Personal Injury attorneys have a long history of dealing with auto accidents and have helped our clients to recover the compensation that they deserve. We will fight for what is in your best interest. We don’t charge you any attorneys’ fees until we win your case. To learn more or to schedule a free consultation, contact us today