Security Suspension Attorney in Columbus

ATTENTION

Having your driver’s license is essential to being able to live your life efficiently, yet there are so many ways to lose it. One of the ways you can have your driver’s license revoked by the Ohio Bureau of Motor Vehicles (BMV) is by not having the minimum legally required auto insurance. If you do not have auto insurance when you are pulled over or when you cause a crash, you can expect to receive notice of a driver’s license suspension soon after. When this happens, the first thing you should do is call a security suspension attorney from Luftman, Heck & Associates at (614) 500-3836. We are here to help.

What is a Security Suspension in Columbus?

You may face a security suspension in Columbus when you drive uninsured and cause a crash that results in $400 or more of property damage and/or personal injury claims as indicated on a Crash Report, BMV Form 3303.

This Crash Report is filled out by the owner or driver of the other vehicle you were in a crash with, or their insurance company, and submitted to the state along with evidence of the crash and an itemized estimate of the property damage and/or documentation of the personal injuries and proof of the value of the claim within six months of the accident. Once the Crash Report is received and investigated by the BMV, then you may receive notice of a suspension of your driver’s license, which can last up to two years from the date of the accident.

Under the state’s definition, it takes very little for you to face an Ohio BMV security suspension. Even a seemingly minor fender bender can easily cause more than $400 in vehicle repairs. If you run into a person or municipality’s property, like a privacy fence, the repairs to the fence and surrounding landscaping could be hundreds of dollars. If you cause a crash that results in your passenger or another vehicle’s driver or passenger going to the emergency room, that individual most likely has a claim worth more than $400. Even without moderate or severe injuries and with health insurance, one trip to the ER can cost a car accident victim thousands of dollars.

What Counts as $400 in Property Damage or Injury?

The $400 threshold is easy to cross in a typical Ohio fender bender. Claims that commonly clear the line include:

• A replacement bumper, headlight assembly, or tail light housing on almost any late-model vehicle.
• Paint and body work on a single panel, which in central Ohio usually runs $600 to $1,500 once labor is added.
• A single emergency room visit for the other driver or a passenger, even without admission or follow-up care.
• Repairs to a privacy fence, mailbox cluster, landscaping, or guardrail when you leave the roadway.
• Tow and storage fees charged to the other party, which can easily reach several hundred dollars before any repair begins.

Claims that often fall below the threshold include superficial scuffs on an older vehicle the owner does not intend to repair, minor paint transfer that can be buffed out, and no-injury contact where neither driver documents damage or seeks medical attention. The key point: the other party has to produce an itemized estimate, repair invoice, or medical documentation for the BMV to act. An unsupported claim of damage by itself is not enough to trigger a security suspension.

Challenging a Security Suspension in Ohio

If you receive a letter from the BMV stating your driver’s license is being suspended, you need to contact a security suspension attorney from Luftman, Heck & Associates right away. You may receive this notice between 30 days and seven months after your accident. The state will not suspend your license before 30 days following the accident and it will no longer accept crash reports after six months following the date of the accident. Given that the BMV may take up to 30 days to process a Crash Report, you could receive a letter regarding a license suspension approximately seven months after the accident.

Once you receive notice and call us, we will immediately request an administrative hearing to fight this suspension. This is not a criminal punishment. It is a civil penalty and we need to go to the BMV to fight it. You only have a short period of time to request a hearing, otherwise you lose the right to do so.

During the administrative hearing, we will seek to prove that a security suspension is inappropriate based on a factor such as:

• You had the minimum required insurance at the time of the accident;
• You or your vehicle were the only people or property to sustain damage;
• The other vehicle was at least half at fault for the accident;
• The other party’s property was not damaged to the amount of $400; or
• The other individual did not sustain bodily injuries valued at more than $400.

Partial Fault and Comparative Negligence Scenarios

Many Ohio crashes are not one-sided. Ohio follows a modified comparative negligence rule under ORC 2315.33, which bars recovery when a driver is more than 50 percent at fault but allows partial recovery below that line. That same fault analysis can undercut a security suspension when the other driver’s share of the blame is high enough. Common Franklin County scenarios include:

• Rear-end crashes where the driver in front stopped short in a travel lane or had a broken brake light, pulling the following driver’s share of fault below 50 percent.
• Intersection collisions where both drivers claim the green, and video or witness statements place the other driver in the intersection on a yellow or red signal.
• Left-turn crashes where the oncoming driver was speeding or distracted, shifting fault onto the party who initially appears to be at fault.
• Lane-change contacts where the other driver drifted or merged without signaling.

Even when you bear some responsibility, a BMV hearing officer can deny a security suspension if the other driver was at least 50 percent at fault, if the damage claim is not documented, or if the alleged injuries are not supported by medical records. We routinely subpoena crash photos, repair estimates, and the other party’s insurance claim file to test whether the $400 threshold actually holds up.

If the administrative judge determines a security suspension is appropriate, we may request that you receive limited driving privileges. These allow you to drive for specific purposes, at specific times, or to and from specific places. This is commonly granted if you need to attend court-ordered treatment or for your education, work, or medical needs.

When figuring out whether you can keep your license or some sort of driving privileges after receiving notice of a suspension, contact one of our Columbus traffic attorneys right away. We will advise you of your rights and options.

Reinstatement Requirements Under a Security Suspension

Once you are placed under a security suspension, there are a number of elements you must complete to reinstate your driver’s license in a timely manner.

Reinstatement requirements include:

• Submitting a notarized installment agreement signed by all parties indicating you have reached a payment agreement;
• Submitting a release signed by all parties showing you paid the damages in full or that you are being released from any additional payments;
• Depositing the amount of damages the other party has claimed with the BMV. There is a minimum amount of $500 for personal injury claims. If no civil action is brought against you, the deposit is returned to you after two years from the date of the accident. If the other party files a civil claim against you, the BMV sends the deposit to the court;
• Submitting a final adjudication of your non-liability for the accident; or
• Submitting evidence of discharge in bankruptcy with a schedule of creditors that includes the accident claim.

You will also owe BMV reinstatement fees once the damage issue is resolved. Eligible drivers can apply for an Ohio BMV payment plan to spread those fees out over time rather than pay them in a single lump sum.

If you default on payment, either through a default judgment in court or by failing to uphold the payment agreement you made with the other parties, then the BMV will not accept any other agreements. It will only allow you to reinstate your license when you have fully paid the damages and have been released from your obligation. Letting the deadline slip can also escalate into a separate failure to reinstate driver’s license charge on top of the underlying security suspension.

Do You Need SR-22 Insurance After a Security Suspension?

Yes. After a security suspension, Ohio requires you to file proof of financial responsibility with the BMV before you can drive again and then to keep that filing in force continuously for three to five years. Most drivers satisfy this by asking their insurer to file an SR-22 along with the underlying liability policy. The SR-22 is not a separate insurance policy; it is a document your carrier sends to the BMV confirming that your coverage meets Ohio’s minimums.

If your SR-22 lapses or the underlying policy is canceled during the filing period, the BMV is notified automatically and will impose another suspension. For that reason, we advise clients to pay premiums annually rather than month to month where possible, to avoid scheduled payments that fall on holidays or travel dates, and to ask their insurer to confirm the SR-22 is still on file at every renewal.

For help in getting your driver’s license reinstated as quickly as possible, call a security suspension attorney at Luftman, Heck & Associates today. We will review your situation, explain your options for challenging the suspension, and then go over the most efficient way to get your license back.

Driving on a Suspended License

Under ORC §4510.11, it is illegal to drive while your license has been suspended. If you are caught driving while you are under a security suspension, and you are not driving in compliance with limited driving privileges, then you may be charged with a crime. Driving under a suspended license is a first-degree misdemeanor. You can be sent to jail for up to 180 days and fined up to $1,000.

You will also get points put on your driving record. Depending on the points already on your record, this could lead to additional consequences. If you acquire 12 points within a two-year period, then you could face an additional driver’s license suspension for up to 6 months with other reinstatement requirements.

If you received notice of a security suspension and you drove after the date it went into effect, then you risk being caught and charged with a crime. After being charged with driving on a suspended license, you need to call a security suspension attorney right away. We have two things to look at, your security suspension and driving under suspension charges. We will advise you on the best way to handle both of these issues so that you can get your license back as quickly as possible.

Frequently Asked Questions About Ohio Security Suspensions

What is a security suspension in Ohio?

A security suspension is an Ohio BMV license suspension imposed when an uninsured driver causes a crash that produces more than $400 in property damage or a personal injury claim under ORC 4509. The other driver or their insurer files a Crash Report (BMV Form 3303), and the suspension can last up to two years from the date of the accident.

How do I get my license back after a security suspension?

To reinstate, you must either deposit the full damage amount with the BMV, produce a notarized installment agreement or signed release from all parties, show a final non-liability finding, or provide evidence that the claim was discharged in bankruptcy. You also have to pay BMV reinstatement fees and file SR-22 proof of financial responsibility with your insurer before driving again.

Do I need SR-22 insurance after a security suspension?

Yes. Ohio requires you to file SR-22 proof of financial responsibility with the BMV before reinstatement and maintain it continuously for three to five years. If your SR-22 or underlying policy lapses during that period, the BMV will impose another suspension automatically.

What is BMV Form 3303?

BMV Form 3303 is the Ohio Crash Report the other driver or their insurer files with the BMV to document an uninsured-motorist crash. It must include an itemized damage estimate or personal-injury documentation and must reach the BMV within six months of the accident to trigger a security suspension.

Contact Our Columbus Security Suspension Attorneys with LHA

If you received notice of a driver’s license suspension or you have been caught driving while under a suspension, you need to call us at Luftman, Heck & Associates today. When initially facing a suspension, there are opportunities to challenge this penalty and to retain your license or at least some driving privileges. However, if you are caught driving when your license has suspended, this is a more serious issue and can result in a criminal charge.

Need Help Reinstating Your License? Contact Our Columbus BMV License Reinstatement Lawyers

Our security suspension attorneys can represent you on both the administrative and criminal fronts. Our Columbus license reinstatement attorneys will aggressively fight the suspension with the BMV and the charges with the prosecution. During these issues, we will always thoroughly explain your rights and options so that you can make the best decisions for you and your family.

For more information on how we can help, call us at (614) 500-3836 to schedule an appointment.