Getting hurt in car accident is upsetting enough without the added stress of being struck by an uninsured or underinsured driver. Without adequate coverage, many victims and their families wonder if they can recover anything from an uninsured driver in an Ohio car accident.
Though Ohio law requires all motorists to carry auto insurance or prove financial responsibility before they can get behind the wheel, many still drive without coverage. This is why victims still have legal options that help them get compensation for their losses from uninsured and underinsured drivers. Call Bressman Law at 877-538-1116 if you have any questions about recovering anything from an uninsured driver in an Ohio car accident and/or for a free case evaluation.
Actions Victims May Take After Accidents Caused by Uninsured Motorists
Car accident victims have options available following a car an accident caused by uninsured or underinsured drivers.
File a Claim Against Your Own Uninsured and Underinsured Motorist Policy
Ohio uninsured and underinsured motorist (UM/UIM) insurance coverage is an optional, supplemental type of insurance that any driver can purchase and file a claim against if a negligent driver has no coverage or policy limits. Since Ohio does not require motorists to carry this coverage, it may not be a part of a standard policy.
Nevertheless, this type of insurance is especially important if you suffer serious injuries in a car accident caused by a motorist who failed to carry insurance or did not have enough to cover your damages. Pursuing a claim against your policy offers a financial safety, affording you coverage for medical treatment, lost wages, and more.
File a Civil Lawsuit
Since Ohio is an at-fault insurance state, negligent drivers must pay for any healthcare expenses, vehicle and property damage, and other related expenses incurred due to the accident they caused. If the at-fault driver does not have insurance, you can file a lawsuit in civil court. Learn more about if you should sue the other driver in your car accident.
The at-fault driver is not required to pay for any expenses until the claim is settled. The law for an uninsured driver is the same law applicable to an insurance company. No one pays until settlement. The real concern is whether the at-fault driver even can actually pay for damages inflicted.
Victims may petition the court to have an at-fault driver’s assets seized and wages garnished to pay for damages. Depending on the situation, the court may order the negligent driver to pay a one-time payment or pay via an arranged payment plan. Find out more about if you need to file a lawsuit to recover damages from a car accident in Ohio.
How a Lawyer Can Help Victims Hurt by Uninsured Motorists
Though the law in Ohio clearly states who is financially responsible in a motor vehicle accident, recovering compensation from uninsured and underinsured drivers in an Ohio car accident is an uphill battle. Therefore, consulting with a car accident lawyer in Ohio has its benefits. We know how to navigate the legal system, understand the laws, and know the best legal courses of action to get you fair compensation.
Statute of Limitations in Ohio
The statute of limitations is the time period a person has to file a lawsuit or pursue a claim. If legal action is not taken within the given period, a person loses the chance to seek damages against the negligent party.
Generally, victims have two years from the date of the injury to file legal claims for personal injuries and property damage against negligent drivers. If you do not meet filing deadlines, the Ohio court will refuse to hear your case. To avoid losing an opportunity to file a lawsuit, it is in your best interest to move forward with a claim sooner rather than later.
Complications Dealing with Insurance Companies
Consult a lawyer as soon as possible after an accident. Doing so gives you time to discuss your case before talking to insurance companies likely to contact you immediately after an accident. Insurance companies’ objective is to minimize settlements, so it is in their best interest to pay out early before you can be advised by anyone else. Many times, talking to an insurance company can jeopardize your case. Learn more about what to do if you are injured in a car accident in Ohio.
Get a Free Uninsured Motorist Case Evaluation
Recovering from an injury is difficult enough without dealing with financial pressures as well. Allow a car accident lawyer to help you hold uninsured and underinsured motorists financially responsible for their actions.
Turn to a firm that will fight for justice for you and your family and recover fair compensation for your injuries and losses. We provide you with the legal support you need, so you can focus on taking care of yourself. Call Bressman Law at 877-538-1116 to discuss the specifics of your case during a free, no-obligation case consultation.