Filing an Uninsured Motorist Claim in Ohio

Car accidents are always extremely stressful, but even more so when the at-fault driver does not have auto insurance, or does not have enough insurance to fully cover the cost of your injuries. When the negligent party does not have proper insurance, you may wonder if you can recover anything after an auto accident involving an uninsured and underinsured driver. Fortunately, you may have different options available to you.

Ohio’s Auto Insurance Requirements

Under Ohio law, all drivers in the state are required to carry a certain minimum amount of auto insurance. However, many drivers do not believe that they can afford to purchase the coverage required to even meet the minimum requirements and so, they simply drive without insurance. When they are involved in a crash, injured individuals then cannot file a claim with the insurance company because a policy does not exist, or it is not enough to fully cover the damages. After being involved in an accident with an uninsured or underinsured driver, it is important to know your options.

Your Own Auto Insurance Policy

In Ohio, uninsured and underinsured (UM/UIM) auto insurance is optional coverage, but it is recommended that all drivers do purchase it at the time of purchasing the minimum requirements. If you do purchase UM and UIM insurance, you can file a claim with your own insurance company if you are hit by a driver who does not carry enough insurance or does not have insurance at all. 

UM and UIM insurance coverage is of particular importance if you suffer severe injuries in an auto accident caused by a driver that failed to carry insurance or that did not have enough to fully cover your losses. When you are able to pursue a claim against your own insurer, it offers financial safety that can cover your medical expenses, lost wages, and more.

Filing a Civil Lawsuit

If you do not have your own UM or UIM insurance, you can file a civil lawsuit against the negligent driver. Through a lawsuit, you can also claim damages for medical expenses, lost income, pain and suffering, and more. The biggest problem with this is that when people drive without insurance, it is typically because they cannot afford to pay for it. If a motorist cannot afford to pay insurance, they also probably cannot afford to pay for the damages they may be held liable for in a lawsuit. A judge may decide in these cases to seize the assets or garnish the wages to pay for the damages.

Our Ohio Car Accident Lawyers Can Help You Recover Damages

If you or someone you love has been hit by a driver who did not have proper insurance, our Maumee car accident lawyers at Lafferty, Gallagher & Scott, LLC are here to help with your case. We know how to recover damages from uninsured and underinsured drivers to give you the best chance possible of a favorable outcome. Call us today or fill out our online form to schedule a free consultation and to learn more about how we can help.