Accidents With Uninsured or Underinsured Drivers in Ohio

Car Accidents with Uninsured or Underinsured Drivers

According to the Insurance Information Institute, more than 13% of all drivers in Ohio are uninsured. Uninsured and underinsured motorists can cause devastating injuries in a car accident and leave you unsure about how to cover the losses they caused.

At Kisling, Nestico & Redick, we’ve helped countless people file uninsured and underinsured motorist claims. An experienced Ohio personal injury attorney will ensure that you receive what you deserve after a car accident. Call 1-800-HURT-NOW to find out how we can help in a free, no-risk consultation.

Ohio Car Insurance Laws

All Ohio drivers must carry bodily injury and property liability insurance coverage. When an insured driver causes an accident, their insurance policy will pay for the other drivers’ damages.

Drivers in Ohio are legally required to carry the following amounts of insurance:

• $25,000 bodily injury liability coverage per person injured in a single accident
• $50,000 bodily injury liability coverage for all persons injured in a single accident
• $25,000 property damage liability for a single accident

Uninsured & Underinsured Car Accidents

If a driver does not have liability insurance, they are considered uninsured. When a driver does not have enough insurance to meet these thresholds or causes damages greater than these limits, they are considered underinsured.

What to Do After an Accident with an Uninsured Driver?

If an uninsured driver hits you, there are certain steps you should take to protect your rights and hold the other driver accountable for their negligence. These steps include:

• Call the Police – Although you should call the police in the event of any car accident, doing so is especially important when you’re involved in an accident with a driver who has no insurance. A police record and accident report can make the claims process easier and help you get your damages covered.
• Collect the Driver’s Information – Ask the driver for their name, license plate number, and contact information. During this interaction, the driver may inform you they don’t have any insurance details to share with you because they are uninsured.
• Take Photographs – Photograph the accident scene, the vehicles involved, and any injuries you may have sustained.
• Seek Medical Attention – Visit the doctor immediately to get treated for any injury you sustained in the accident.
• Contact Your Insurance Company – Inform your insurance company of the accident and let them know that the driver who caused the collision does not have insurance.
• Reach Out to a Lawyer – To learn about your legal options and increase your chances of recovering damages, you should reach out to a car accident lawyer as soon as possible.

Getting Compensation from Uninsured or Underinsured Drivers

Since Ohio is a an at-fault state, the driver responsible for a car accident is responsible for paying all damages suffered by other parties, whether they have sufficient insurance or not. While recovering compensation for your property damage, medical bills, and lost wages would normally mean filing a lawsuit against the driver, the process is complicated by the fact uninsured motorists typically lack sufficient income or assets to compensate you for what you endured.

However, you may still have the option of filing an uninsured or underinsured motorist insurance claim with your own insurance policy if you have Uninsured / Underinsured Motorist Coverage (UIM).

Through an insurance claim or lawsuit, KNR will fight hard for you to recover your:

• Medical expenses
• Property damage
• Lost income
• Pain and suffering
• Disability
• Disfigurement
• Mental anguish
• Loss of consortium

While most car accidents settle out of court, the insurance company will still work hard to reduce what they owe by denying their policyholder at fault, diminishing the severity of your injuries, or denying your UIM claim altogether.

Uninsured / Underinsured Motorists Coverage (UIM)

Uninsured and Underinsured Motorist Coverage (UIM) is a way of safeguarding yourself against uninsured and underinsured motorists. Though UIM coverage is optional in Ohio, it can go a long way toward protecting you if you’re injured in an accident with someone who does not have liability insurance coverage or who does not have enough to cover your damages.

In an uninsured situation, you’ll file a claim with your own insurance company. Then, your insurance company would take on the responsibility of recovering money from the other driver. If the driver is underinsured, your insurance policy will take care of the costs above and beyond what’s available from the at-fault driver.

UIM Claims Don’t Raise Your Premium

When you file a UIM claim under your own insurance policy, your insurance rates are not affected. Under Ohio Revised Code 3937.18, uninsured and underinsured motorist coverage is offered to Ohio residents in an amount equal to that of liability insurance and must cover bodily injury that exceeds the amounts covered by the liable driver.

Additionally, your insurance company may recover that money from the responsible driver, but not from you through increased premiums. Any settlements or judgments made against the responsible driver may also be owed to your insurance company if it provided UIM coverage.