Legal Options in an Uninsured or Underinsured Motorist Accident
When you’ve been injured in a car accident that was not your fault, you reasonably expect the responsible party’s insurance company to cover your losses. However, not all drivers in Ohio are insured, and many do not have enough insurance coverage to pay for catastrophic injuries that may be caused in a car accident.
Uninsured & Underinsured Motorists
According to the Insurance Information Institute, more than 13 percent 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 you will cover the losses that 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 us today at 1-800-HURT-NOW to find out how we can help you.
Uninsured vs. Underinsured Motorists
Ohio law requires that drivers carry car insurance that covers both bodily injury and property damage in accidents where the driver is at fault. This is called “liability” insurance. When a driver is liable for damages, their insurance will cover the costs associated with the accident for those who were not-at-fault. Ohio requires that every driver carry at least 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
If a driver does not have liability insurance, they are considered to be uninsured. When a driver does not have insurance that meets these thresholds or causes damages greater than these limits, they are considered to be underinsured.
If you are involved in an accident with a person who is uninsured or underinsured, you may file an additional claim with your own insurance company if you have Uninsured / Underinsured Motorist Coverage (UIM). You may also file a personal injury lawsuit against the person who caused your injuries.
Uninsured / Underinsured Motorists Coverage (UIM) Coverage
Uninsured and Underinsured Motorist Coverage (UIM) is a smart 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 seriously 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 would be able to file a claim with your own insurance company, and then your insurance company would take on the responsibility of recovering money from the other driver. If the driver was underinsured, your insurance policy would take care of the costs above and beyond that which is available from the at-fault driver.
When you file a UIM claim under your own insurance policy, your insurance rates are not affected. Ohio Revised Code 3937.18 states that uninsured and underinsured motorist coverage must be 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.
Filing an Uninsured Motorist Claim with Your Insurance Company
If you are involved in an accident with a driver who is uninsured, you may file a claim with your own insurance company if you have UIM coverage. Although your insurance company is working for you, they are still interested in settling the claim quickly and cheaply. You will have to provide proof of responsibility and losses to your insurance company. Your insurance company may deny your claim or make you an offer that will not cover all of your expenses.
The process of pursuing an uninsured motorist claim can be time consuming and complicated, but you do not have to face the insurance company alone. Our experienced personal injury attorneys will help you navigate the process and ensure that your rights are protected. We will help you gather evidence and evaluate all of your losses. Our team of skilled negotiators will work to obtain the maximum possible compensation for you. If necessary, we will represent you in court to make sure you get what you deserve.
Obtaining Underinsured Compensation Coverage From Your Insurance Company
If the party responsible for your injuries in a car accident did not have enough liability coverage to compensate you for all of your losses, you can file an underinsured motorist claim with your insurance company. The claims process would be similar to that of an uninsured motorist claim; however, you must prove that your losses are greater than that which has already been covered by the responsible party. This can be difficult when your insurance company is seeking to settle the claim for as little as possible.
Our car accident attorneys will help you file a claim under your UIM coverage. We will seek compensation for all of your past and future losses, which can easily exceed any amount already covered by the responsible party. After an injury you should be concerned with recovery, not legal matters. Let us help you navigate the legal process.
Filing a Personal Injury Lawsuit Against the Responsible Party
When a driver causes injuries in a car accident, they are responsible for all of the losses that occur as a result. If they do not have any or adequate insurance coverage, they are still liable for the damages they cause. We can help you file a personal injury lawsuit against the party responsible for your injuries. You may be entitled to recover compensation for the following past and future losses:
- Medical expenses
- Lost income
- Pain and suffering
- Mental anguish
- Loss of consortium
- Loss of enjoyment of life
- Property damage
Our experienced car accident attorneys will help you recover the maximum possible compensation in your case.
How the Skilled Ohio Personal Injury Attorneys at Kisling, Nestico & Redick Can Help You
Collecting compensation from insurance companies is never easy. If you’ve been involved in a car accident, the last thing you want to do is deal with the phone calls and paperwork necessary to file a claim. At Kisling, Nestico & Redick, we can help collect and preserve evidence as well as file a claim. Our extensive experience allows us to work successfully with insurance companies to recover compensation for our clients.
If you’ve been involved in a car accident with an uninsured or underinsured motorist, call one of the skilled Ohio personal injury attorneys at Kisling, Nestico & Redick at 1-800-HURT-NOW today.