A Lawyer's Letter Asking About Your Insurance After an Ohio Crash: The BMV Report It Refers To

Attorney Answer

The letter describes a real Ohio procedure: anyone involved in a crash can report a driver to the BMV as uninsured within six months, and the BMV then requires proof of coverage within thirty days. Because you were insured, that process ends with your proof. The usual first step is to send the letter to your own insurer, which handles claims made against you under your policy.

The procedure the letter means. Ohio Rev. Code § 4509.06:

(A) Any person who is in any manner involved in a motor vehicle accident, including as the driver of a motor vehicle, the owner of property, or any person sustaining bodily injury or property damage, may, within six months after the accident, forward a written report of the accident to the registrar of motor vehicles on a form prescribed by the registrar alleging that a driver or owner of any vehicle involved in the accident was uninsured at the time of the accident.

(B) Upon receipt of the accident report, the registrar shall send a notice by regular mail to the driver and owner alleged to be uninsured requiring the person to give evidence that the person had proof of financial responsibility in effect at the time of the accident.

(C) Within thirty days after the mailing of the notice by the registrar, the driver of the vehicle alleged to be uninsured shall forward a report together with acceptable proof of financial responsibility to the registrar in a form prescribed by the registrar.

Who you owe proof to. The statute's requirement runs to the registrar, the BMV, not to the other side's lawyer. If a BMV notice comes, answer it with your proof of insurance for the date of the crash, and the matter stops there. What you tell the lawyer is a separate question, and one your insurer will usually help you answer.

It won't be used to decide fault. Ohio Rev. Code § 4509.30:

The report required following a motor vehicle accident, the action taken by the registrar of motor vehicles pursuant to sections 4509.11 to 4509.291, inclusive, of the Revised Code, the findings of the registrar upon which such action is based, and the security filed as provided in such section, shall not be referred to in any way and shall not be evidence of the negligence or due care of either party at the trial of any action to recover damages.

About the worry. Not answering doesn't stop the other side from pursuing a claim; it only risks a BMV problem you don't actually have. A claim against an insured driver is the situation your liability coverage exists for. How a claim affects your premium is a matter of your policy and your insurer's rules.

What you can do

1. Send a copy of the letter to your insurance company and your agent today, with the claim number for this crash.

2. Ask your insurer whether it will respond to the lawyer for you, or how you should.

3. If a BMV notice arrives, send the BMV your proof of insurance for the date of the crash before its deadline, and keep a copy.

4. Keep the letter, the claim records and your insurance card from that period.

5. Even if you are handling this yourself, you would be best served by a brief phone consultation with a local Ohio attorney before you act. Most lawyers offer a short initial call at no cost, and a few minutes on your specific facts — and on how your court actually handles this — is worth more than any general guidance, including this page.

⏱ Time limits apply. The other driver has six months from the crash to file the BMV report under Ohio Rev. Code § 4509.06(A), and a BMV notice gives you thirty days to answer under § 4509.06(C). A claim against you for injury or property damage can be brought within two years of the crash under Ohio Rev. Code § 2305.10(A).