Accidents With Uninsured or Underinsured Drivers in Ohio

Filing a UM/UIM Claim With Your Own Insurer

A UM/UIM claim starts with notice. Report the crash to your insurer promptly and tell them the other driver was uninsured or that you believe their limits will not cover your losses; policies require notice within a reasonable time, and a late report gives the insurer an argument to deny the claim. Your insurer will then open its own investigation, request your medical records, and evaluate fault and damages just as the other driver’s carrier would.

Watch for the consent-to-settle clause. Most UIM policies require you to get your insurer’s written consent before you accept the at-fault driver’s policy limits and sign a release, because the release can cut off your insurer’s right to recover from that driver. Accepting the other side’s limits without consent can forfeit your UIM benefits. Send the settlement offer to your insurer and get the consent in writing before anything is signed.

Your insurer is your insurer only in name once a claim is filed. It has a financial interest in paying as little as possible, and its adjusters use the same tactics as any other carrier: questioning the seriousness of your injuries, pointing to gaps in treatment, and suggesting you share fault. Treat the UM/UIM claim as an adversarial one from the first call, and let a lawyer handle the communications.

When Your Insurer Denies or Lowballs a UM/UIM Claim

An insurer that denies a valid claim, delays it without reason, or offers a fraction of what the claim is clearly worth may be acting in bad faith. In plain terms, Ohio law requires an insurer to deal fairly with its own policyholder, and when it refuses to pay a claim without a reasonable justification, the policyholder can sue not only for the benefits owed but for the additional harm the refusal caused, and in some cases for punitive damages and attorney’s fees.

Bad faith is not every dispute; an insurer is allowed to investigate and to disagree about value. It is a denial or delay the insurer cannot justify with the facts and the policy. Car insurance bad faith takes several forms, and when insurers refuse to pay underinsured claims the dispute usually turns on value or fault. Our Ohio insurance dispute lawyers handle these cases alongside the underlying injury claim.

Hit-and-Run Accidents and UM Coverage

If the driver who hit you fled and was never found, there is no one to claim against, and Ohio treats the unidentified driver as uninsured. Your UM coverage applies. Most policies attach conditions: the crash must be reported to the police within a short time, and there must be some corroboration that another vehicle was involved, such as physical damage, paint transfer, a witness, or camera footage. Report a hit-and-run immediately, photograph the damage before repairs, and ask nearby businesses for video. Hit-and-run accidents have a few more steps, covered on their own page.

Passengers, Family Members and Household Policies

UM/UIM coverage follows people as well as cars. The named insured and resident relatives in the household are usually covered whether they are driving, riding as a passenger in someone else’s car, or hit as a pedestrian or cyclist. Passengers in the insured vehicle are typically covered by that vehicle’s UM/UIM policy for the crash, and may also have coverage under their own household policy. Which policy pays first, and whether more than one can apply, depends on the policy language, and insurers are allowed to limit stacking of multiple policies. A passenger’s claim in passenger injury accidents is handled a little differently, and a lawyer should review every policy in the household before assuming the first one is the only one.

Other Ways to Recover From an Uninsured Driver

UM/UIM coverage is the most reliable source of recovery, but it is not the only one:

• Suing the driver personally. The uninsured driver remains liable, and a judgment can be collected from wages or assets. In practice, many uninsured drivers have little to collect, but a judgment can be enforced for years.
• Employer liability. If the driver was working at the time, whether in a company vehicle or their own, the employer may be responsible for the driver’s negligence and usually carries insurance.
• Dram shop claims. If a bar or restaurant served the driver alcohol while the driver was noticeably intoxicated, Ohio’s dram shop law allows a claim against the establishment. Dram shop claims have specific requirements, so they need to be evaluated early.
• Other at-fault parties. A second driver who shared fault, a government entity responsible for a road defect, or a manufacturer of a defective part can each be liable for a share of the damages.
• MedPay and health insurance. Your own medical payments coverage pays first-dollar medical bills regardless of fault, and health insurance covers treatment while the claim is pending, subject to reimbursement from any recovery.

Figuring out whose insurance pays after an Ohio crash puts these pieces together, and if you were the one driving without coverage, being not at fault but uninsured does not take away your rights.

How Our Ohio Uninsured Motorist Accident Lawyers Can Help

Pursuing an uninsured motorist claim can be time-consuming and complicated. Our experienced personal injury attorneys know the technical aspects of UM/UIM coverage and how insurance companies try to avoid paying.

We will help you navigate the process and ensure that your rights are protected. We will gather evidence of responsibility and evaluate all your losses. Once we know what you deserve and need to recover, our team of negotiators will fight for the maximum compensation possible. We know what it takes to get insurance companies’ attention, and if necessary, we will represent you in court to make sure you get what’s right.

Our Car Accident Lawyers Will

• Investigate, collect evidence, and find those at fault.
• Interview witnesses, medical professionals, and experts to show how your life was impacted.
• Communicate with the insurer, clarify liability, and pursue max compensation.
• Determine your accident’s full and fair value: what you lost and deserve.
• Keep you informed and involved. KNR is available by phone, text, email, or Zoom.
• Protect your rights and, if necessary, take your case to court.
• Never charge you upfront. If there’s no recovery, there’s no cost.

We use every available resource so you can recover physically and financially after a car accident.

Uninsured Motorist Accident FAQs

What happens if the driver who hit me has no insurance?

The driver is still legally responsible for your losses, but there is no liability policy to pay them. If you carry uninsured motorist coverage, you file a claim with your own insurer, which pays what the at-fault driver’s insurer would have paid, up to your UM limit. Without UM coverage, your options are your own MedPay and health insurance for medical bills, collision coverage for your car, a claim against any other party who shares fault, and a lawsuit against the driver, whose ability to pay is often limited.

Does Ohio require uninsured motorist coverage?

No. Ohio requires liability coverage, which protects other people from you, but it does not require uninsured or underinsured motorist coverage, which protects you, and insurers are not required to offer it. Whether you have it depends entirely on what was purchased, so look at your declarations page rather than assuming. It is the only coverage that protects you against a driver who has nothing.

Can my own insurance company deny my UM claim?

Yes, and it happens more often than people expect. Your insurer can dispute whether the other driver was at fault, whether your injuries were caused by the crash, whether you gave timely notice, or whether the other driver was actually uninsured. A denial has to be based on the policy and the facts, though. If your insurer refuses a valid claim, delays it without reason, or offers far less than the claim is worth, Ohio law allows a bad faith claim against the insurer on top of the UM benefits.

Does UM coverage apply to a hit-and-run?

Yes. A driver who leaves the scene and is never identified is treated as an uninsured driver, and your UM coverage applies. Most policies require that you report a hit-and-run to the police promptly and that there be some evidence the other vehicle existed, such as damage to your car, a witness, or video, so report it right away and preserve everything you can.

Will my rates go up if I file a UM/UIM claim?

It should not. Ohio law generally prohibits an insurer from raising your premium or canceling your policy solely because of an accident that was not your fault, and a UM/UIM claim by definition involves a crash someone else caused. Insurers price policies on many factors, so rates can change for other reasons, but a not-at-fault claim is not supposed to be one of them. If your insurer surcharges you after a UM claim, ask for the reason in writing.

Injured by an Uninsured or Underinsured Driver? Call KNR

Collecting compensation from insurance companies is never easy. They want you to accept less, so they can make larger profits. It often takes an experienced lawyer to make the system work as it should.

At Kisling, Nestico & Redick, we understand the last thing you want to deal with is insurance paperwork. Let us collect what you need to file a claim and work with the insurance companies to recover the compensation you deserve.

If you’ve been injured by an uninsured or underinsured motorist, call 1-800-HURT-NOW today for a free consultation. We don’t earn a fee unless you recover.