Failure to comply with R.C. 4509.06 by providing proof of financial responsibility after an accident results in a non-compliance suspension but also a separate security suspension. The BMV sends the non-compliant person a notice that he is required to make a security deposit to the BMV in an amount of the estimated injury or property damage as determined by the BMV. The failure to do so results in a security suspension under R.C. 4509.17.
A security suspension may be avoided by doing any of the following:
- depositing the amount of security demanded by the BMV
- paying the judgment in full or in an amount that equals or exceeds the minimum state FR requirements
- providing the BMV with a copy of an installment payment agreement executed by the parties
- providing a release from the other party, or
- submitting evidence of an adjudication of non-liability of all claims to the BMV
- two years elapse after the accident and satisfactory evidence has been filed with the BMV that no action for damages has been instituted
If the Security suspension is not avoided in any of those ways or vacated on appeal it remains in effect indefinitely.
The security suspension must be appealed to the BMV or to a court pursuant to R.C. 4510.73 within 30 days after the date of the notice. Review is limited to the existence of exceptions under RC 4509.19. The law does not permit a court to give driving privileges during a security suspension.
Updated on 07/22/2020 with modifications suggested by Len Pappas, Esq.