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.

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.

UIM claims start by contacting your insurance company and notifying them of the accident and the other driver’s lack of coverage. From there, you’ll have to complete some forms and utilize your underinsured or uninsured motorist protection.

Your insurance company will usually open its own investigation and assess your medical records and other documents related to your injuries and financial losses. This process can take several weeks depending in the severity of your injuries and other factors involved.

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.

KNR’s Uninsured or Underinsured Lawyers Can Help

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 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.

UIM Car Accident FAQs

How Does UIM Coverage Protect You?

Purchasing uninsured motorist coverage is an effective way to protect yourself against uninsured drivers. While this type of insurance coverage is optional, it is worth the investment, especially if you drive often.

If you have uninsured motorist coverage and get into an accident that was caused by an uninsured driver, your insurance company will recover the money from the other driver.

Should I Sue a Driver Without Insurance?

When a driver causes a car accident, they are responsible for all the losses. They are still liable for the damages if they do not have adequate insurance. while their lack of coverage limits what you can potentially recover, the best way to evaluate your situation and best next steps is to speak with an experienced lawyer.

What If My Insurance Company Denies My UIM Claim

If you make an uninsured/underinsured motorist claim, you can expect your insurance company will investigate your medical treatment, the nature of your injuries, etc. Because your insurance company is a profit-driven business, they will look for any opportunity to reduce what they pay. In some cases, they may even deny a valid UIM claim. By working with your lawyer, you can ensure your claim is as strong as possible and evaluate if a denial warrants a bad faith lawsuit against your insurer.

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.