Legal Options in an Uninsured or Underinsured Motorist Accident

When you’ve been injured in a car accident that was not your fault, you expect the other party’s insurance company to cover your losses. But, not all drivers in Ohio are insured, and many do not have enough coverage to pay for the harm they caused. At KNR, we can help you recover what’s right.

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Uninsured & Underinsured Motorists

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 us today at 1-800-HURT-NOW to find out how we can help in a free, no-risk consultation.

Uninsured vs. Underinsured Motorists

Ohio law requires that drivers carry car insurance that covers 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:

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

Compensation after Uninsured or Underinsured Accidents

After an accident with an uninsured or underinsured driver, 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 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 Periums

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.

How to File an Uninsured Motorist Claim

When you are involved in an accident with an uninsured driver, you may file a claim with your own insurance company if you have UIM coverage. Although your insurance company works for you, they still want to settle claims quickly and cheaply. You must provide proof of responsibility and losses to your insurer. In some cases, they may even deny valid claims or make low offers below what you need to cover your expenses.

Pursuing an uninsured motorist claim can be time-consuming and complicated. Our experienced personal injury attorneys know the technical aspects of 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 of 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.

Getting Underinsured Compensation form Your Insurer

When the party responsible for your car accident injuries does not have enough coverage, you can file an underinsured motorist claim. The claims process would be similar to that of an uninsured motorist claim with your insurance company, but you must prove your losses are greater than what was covered by the responsible party. This can be difficult because your insurance company wants to settle the claim for as little as possible.

Our car accident attorneys will help with every aspect of your UIM claim. Let us evaluate your past and future losses, which can easily exceed what’s covered by the responsible party. From there, our negotiators will highlight what you are rightly entitled to under your policy.

Filing a Lawsuit Against the At-Fault Driver

When a driver causes injuries in a car accident, they are responsible for all of the losses that result. If they do not have any or adequate insurance, they are still liable for the damages.

You may be entitled to compensation for the following losses & we can help you file a personal injury lawsuit:

  • Medical expenses
  • Lost income
  • Pain and suffering
  • Mental anguish
  • Disfigurement
  • 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 Ohio Personal Injury Attorneys at KNR Can Help

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 in a car accident with an uninsured or underinsured motorist, call the Ohio personal injury attorneys at Kisling, Nestico & Redick at 1-800-HURT-NOW today for a free consultation.

We don’t earn a fee unless you recover.

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