Ohio requires that all drivers carry liability insurance when registering their vehicles. Sadly, a large number of people on the road are uninsured. According to one study, 17% of Ohio drivers lack insurance. They cannot afford their insurance premiums, so they let their coverage lapse or cancel it outright. Other uninsured motorists are coming into Ohio from other states.
This article examines what to do if an uninsured driver hits you. You might be entitled to compensation, but you must take specific steps to bolster your claim. Reach out to Tittle & Perlmuter today to speak with an experienced car accident lawyer.
Documenting the Accident
You’ll want to document the accident to help establish fault. Even though the driver is uninsured, fault still matters considerably. For one, you might end up suing the driver for compensation, and you can only win if you prove you are not at fault for the collision.
Fault also matters if you are negotiating with your uninsured motorist insurer. That is fault-based coverage, and the insurer might deny the claim if they suspect you caused the wreck.
Here’s what to do if you are hit by an uninsured driver:
- Talk to witnesses and find out what they saw. You can ask for a way of getting a hold of them in the future, such as a phone number.
- Call the police and report the collision. You can call the police in the town or city where your accident occurred.
- Photograph the vehicles involved in the crash. Use your phone and zoom in to show where the vehicles collided. Also, take a photograph of anything else that’s important, like a missing stop sign.
- Avoid admitting fault for the collision, as that will only reduce your ability to receive compensation.
- When you are finished, head to the hospital to begin receiving medical treatment. You benefit from creating a paper trail with medical records.
Obtaining Personal Information from the Motorist
You should also get personal information from the other driver:
- Name
- Address
- Phone number or email address
- License number
- Car registration
Be sure to share your information with the other driver, too.
Is Uninsured Motorist Coverage Ohio Required?
No. ORC § 3937.18 states that liability insurance policies written in Ohio “may” include uninsured motorist insurance but are not required to do so. You should check your paperwork to see if uninsured motorist coverage is included as part of your liability coverage.
This is excellent insurance. It is typically called “UM” coverage. After an accident with an uninsured driver, you can use UM coverage to pay for medical bills, replace lost income, and compensate for any mental anguish or pain and suffering.
UM coverage can even pay compensation for a hit-and-run accident. You should contact our office If you have a question.
Do You Need a Lawyer after an Accident with an Uninsured Driver?
Yes. Even if you have UM coverage, it is still fault-based. There might be questions about whether you are primarily responsible for your accident. An insurer doesn’t have to pay compensation on UM insurance if you went off the road because you fell asleep or because you crashed when you were drunk.
Our firm can find and preserve evidence supporting your claim. We might contact the witnesses to interview them and have them sign witness statements. We might also visit the scene of the crash.
Once we establish fault, we can negotiate with your UM insurer to have your claim covered. They might also minimize the seriousness of your injuries. In that way, they reduce what they pay you.
Our firm is dedicated to presenting evidence in a compelling way. We can appeal a denied claim, and we’ll negotiate to bump up the amount of compensation offered.
What to Do if You Don’t Have Uninsured Motorist Coverage Ohio
Your options are more limited if you get into a wreck but don’t have UM coverage. Some options include:
- Use medical payment coverage for health care if you have it as part of your policy. Med pay is also optional insurance, but some people carry a few thousand dollars in benefits. Med pay benefits are no-fault. If you don’t have this coverage, you will need to pay for medical treatment using your health insurance or pay out of pocket.
- Identify additional defendants. Someone other than a driver could be at fault for the accident. For example, the driver might have used someone else’s vehicle. In that case, we can submit a claim on the owner’s liability coverage. Or the driver was in a rental vehicle. The rental company could be liable for the collision and have insurance, which will apply to the case. Let us analyze all the facts.
- File a personal injury lawsuit. Our firm can analyze whether it makes sense to sue the negligent driver personally. They are liable in court when their careless or reckless driving causes a wreck. The defendant might have personal assets we can attach if we win a court judgment, like motor vehicles or even cash in a bank account.
You might have other options. Even if you don’t have UM coverage, please call Tittle & Perlmuter today so we can decide the best path forward.
Our Consultations Are Free & No Risk
Car accidents are disruptive and enormously expensive. Many people are stuck at home for months trying to rehab painful injuries. They lose thousands of dollars in lost income and car repairs, and prospects for recovery are bleak. There has to be a way to get help.
Give our firm a call. We can review all your options, including filing a claim on your UM coverage.
Our car accident lawyers are a phone call away.
