Bill would add at-fault note to motorists' BMV records

Two Democratic lawmakers want to add an at-fault designation to motor-vehicle crash data often used by insurance companies to write policies and by employers to complete background checks on prospective hires.

Reps. Ismail Mohamed of Columbus and Darnell Brewer of Cleveland said during a recent State and Local Government Committee hearing at the Ohio House of Representatives that responsible drivers are suffering the consequence of the omission from abstracts provided by the Registrar of Motor Vehicles via the Bureau of Motor Vehicles online portal.

House Bill 353 would require the registrar to include information identifying the at-fault party from a motor vehicle accident involving more than one vehicle, when the information is available.

"The need for this legislation was brought to me from constituents, many of whom drive for a living and have been unfairly penalized for getting in an accident that was not their fault," Mohamed said. "Many drivers I spoke to had been the victims in a traffic incident, yet still received a negative mark on their record, nearly identical to the person who had caused the accident."

He added that the individuals often were unaware of the designation until they realized its impact on a job search.

"In current practice, drivers who get in an accident will have a certain designation on the BMV online portal of their driver's record," Mohamed continued. "This portal can be used by potential employers, in background checks, and even by insurance companies in determining coverage and rates. That means that many safe drivers who have never actually caused an accident are being unknowingly hurt for just being on the wrong road at the wrong time."

Analysis of the bill by the Ohio Legislative Service Commission noted that the registrar currently completes a search and furnishes a certified abstract that includes the following: the number of accidents in which an individual has been involved and the individual's conviction record for motor vehicle law violations.

"The goal of HB 353 is to provide complete and accurate information to individuals, insurance companies and legal entities, which will impact legal and financial decisions following accidents," Brewer said. "This bill promotes fairness and justice in our legal and insurance systems, underscoring our commitment to Ohio's citizens."

To determine who was at fault on the abstract, the registrar may use accident reports, traffic citations and relevant information provided by an insurance carrier, analysis detailed.

Mohamed said the designation would allow the entities that use the information to make better determinations.

"As the portal currently operates, interested parties must request and review court documents or police reports to see whether a driver was at fault for an accident on their driving record," he said. "The small adjustment of making that designation easily accessible online would streamline an employer or insurer's search and ensure that information regarding a driver's accident record is accurate."

He said the designation would result in greater opportunities for responsible individuals who drive for a living, allowing for a more complete record that reflects their skill and safety record.

"This is a minor change that would streamline an already established process and reduce barriers for drivers who were in an accident to no fault of their own," he said.

Six House members co-sponsor the measure, which awaits further consideration by the committee.