Can You Sue for Emotional Distress in Ohio?
Posted in: Car Accidents
KNR Legal Blog
A car accident can leave you facing expensive medical bills, lost income, vehicle repairs, and other unexpected costs. While Ohio law requires drivers to carry auto insurance, many drivers carry only the minimum required. In serious accidents, those policy limits may not be enough to cover the full extent of your losses.
So what happens if the at-fault driver doesn’t have enough insurance to pay for your damages? Fortunately, you may still have options for recovering compensation. Understanding how insurance coverage works and what steps to take after a crash can help protect your financial future.
Ohio requires drivers to carry liability insurance to cover injuries and property damage they cause to others. As of 2025, Ohio drivers must maintain minimum liability limits of:
While these limits satisfy legal requirements, they are often inadequate when a crash causes serious injuries.
For example, a single emergency room visit, diagnostic testing, surgery, and rehabilitation can quickly exceed $25,000 in medical expenses. If multiple people are injured, available coverage may be exhausted even more quickly.
An underinsured driver is someone whose liability insurance policy limits are too low to fully compensate accident victims.
Imagine you suffer severe injuries in a crash and your total damages equal $100,000. If the at-fault driver’s insurance policy only provides $25,000 in bodily injury coverage, there is a significant gap between your losses and the available insurance.
This situation can leave accident victims wondering how they will recover the remaining compensation they need.
Yes. Even if the at-fault driver lacks sufficient insurance coverage, you may still have several avenues for pursuing compensation. Depending on the circumstances, additional sources of recovery may be available through your own insurance policy or other potentially liable parties.
One of the most important protections available to Ohio drivers is underinsured motorist coverage. Although Ohio insurance companies must offer UIM coverage, drivers are not required to purchase it.
If you elected to carry this coverage on your own policy, it may help bridge the gap between the at-fault driver’s insurance limits and your actual damages.
For example:
Many accident victims do not realize they have underinsured motorist coverage until they review their policy after a crash.
In some cases, another person or entity may share responsibility for the accident. Potentially liable parties could include:
Identifying all potentially liable parties can increase the sources of available compensation.
You may have the option to file a personal injury lawsuit against the at-fault driver directly.
However, pursuing compensation from an individual can be challenging if they lack significant assets or income. Even if you obtain a favorable verdict, collecting the judgment may prove difficult.
An experienced Ohio personal injury attorney can help determine whether pursuing legal action against the driver is likely to be worthwhile.
Many accident victims assume the insurance company will automatically tell them when policy limits are exhausted. Unfortunately, the process is rarely that straightforward.
Signs that available insurance may not fully cover your damages include:
When damages are substantial, a lawyer can investigate available insurance coverage and identify additional recovery options.
Insurance policy limits are often divided among all injured parties involved in an accident. For example, if an at-fault driver carries a $50,000 bodily injury limit per accident and several people suffer injuries, each victim may receive only a portion of the available coverage.
This can significantly reduce the compensation available to each injured person, making underinsured motorist coverage even more important.
If you believe the at-fault driver’s insurance may not fully cover your damages, taking the right steps early can help preserve your claim.
Always prioritize your health and follow your doctor’s recommendations. Medical records serve as critical evidence of your injuries and damages.
Insurance companies may attempt to settle claims before the full extent of your injuries is known. Accepting an early settlement could prevent you from seeking additional compensation later.
Check whether you carry:
These benefits may provide valuable financial protection after a serious accident.
When insurance coverage issues arise, an attorney can investigate all available sources of compensation, negotiate with insurers, and protect your rights throughout the claims process.
When damages exceed available policy limits, insurance companies often scrutinize claims more aggressively.
Adjusters may:
The stakes are higher when significant compensation is involved, making experienced legal representation especially valuable.
At Kisling, Nestico & Redick, we understand how frustrating it can be to learn that the at-fault driver’s insurance may not fully cover your losses.
Our legal team investigates every potential source of compensation, including underinsured motorist benefits, additional liable parties, and other insurance policies that may apply to your case. We work to maximize recovery so accident victims can focus on healing rather than worrying about mounting expenses.
If you’ve been injured in an Ohio car accident and are concerned about insurance coverage, speaking with an attorney can help you understand your options and avoid costly mistakes.
An uninsured driver has no auto insurance coverage, while an underinsured driver has insurance but not enough to fully cover the damages they caused. Both situations can create financial challenges for accident victims, but your own uninsured or underinsured motorist coverage may help provide compensation.
Not necessarily. Your insurance company will typically review the claim, evaluate your damages, and determine how much coverage is available under your policy before issuing payment. The amount you receive may depend on your policy limits and the specific terms of your coverage.
In some cases, yes. You may be able to pursue compensation from additional liable parties or file a lawsuit against the at-fault driver if they have assets that could satisfy a judgment. An attorney can help identify all potential sources of recovery and evaluate the best course of action.
Insurance information is often obtained during the claims process through communications with the driver’s insurer or through legal discovery if a lawsuit is filed. An attorney can help investigate available coverage and determine whether policy limits are likely to be sufficient for your claim.
Not before fully understanding the extent of your injuries and all available sources of compensation. Accepting a settlement too quickly could prevent you from pursuing additional recovery through underinsured motorist coverage or other legal avenues.
Depending on your policy, underinsured motorist coverage may help compensate you for medical expenses, lost wages, pain and suffering, and other accident-related losses. Coverage varies by insurer and policy, so reviewing your specific policy language is important.
While you are not legally required to hire an attorney, these cases can become complicated because multiple insurance policies and parties may be involved. A lawyer can help investigate coverage, negotiate with insurers, and pursue every available source of compensation on your behalf.
Discovering that the at-fault driver doesn’t have enough insurance can feel overwhelming, but it doesn’t necessarily mean you’re out of options.
The experienced Ohio personal injury lawyers at KNR can review your case, explain available insurance coverage, and help you pursue the compensation you deserve. Contact us today for a free consultation.