Getting hurt in a 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 uninsured drivers after Ohio car accidents.
You can recover compensation after an Ohio car accident with an uninsured driver. You can either file a claim with your own insurance provider or sue the at-fault motorist directly. How does the process work with underinsured or uninsured drivers in an accident? Here’s what you need to know.
Damages Are Available Through Your Insurance or a Lawsuit
Whether you are filing an insurance claim with your own provider or choose to pursue a lawsuit, you can recover compensation for your losses. Generally, you can recover:
- Expenses for medical care, including rehabilitative therapy and hospital visits
- Lost wages from the time you spent away from work due to your injuries
- Reduced earning capacity, if your injuries leave you unable to work in the future or change the capacity in which you can work
- Pain and suffering, both for your physical and mental anguish, after the accident
For a free legal consultation, call (614) 538-1116
You Can Recover Compensation Through a Wrongful Death Case
There may be other forms of compensation available, such as if you lost a loved one due to an Ohio car accident with an uninsured driver. Some of these recoverable damages include:
- Funeral expenses, including the burial plot and embalming
- Your loved one’s pain and suffering
- Loss of consortium, household benefits, and parental guidance
- Your loved one’s final healthcare expenses, such as life support
An experienced personal injury lawyer can calculate what a fair settlement or court award would look like in your case.
Your Options Following an Accident in Ohio
Car accident victims have options available following a car accident caused by uninsured or underinsured drivers.
File a Claim Against Your Own Insurance 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. Since Ohio does not require motorists to carry this coverage, it may not be 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 financial safety, affording you coverage for medical treatment, lost wages, and more.
File an Ohio Uninsured Driver Lawsuit Against the At-Fault Driver
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.
The at-fault driver is not required to pay for any expenses until the lawsuit is over. Yet, you may wonder whether the at-fault driver can even pay for the 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.
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Deadlines for Filing an Ohio Uninsured Motorist Claim After an Accident
Under Ohio Revised Code Section 2305.10, you generally have two years from the date of the accident to file a personal injury lawsuit. Similarly, under Ohio Revised Code Section 2125.02, you typically have two years from the date of a loved one’s passing to file a wrongful death lawsuit. If you do not meet these filing deadlines, the Ohio court will refuse to hear your case.
This Ohio UM statute does not give you much time to negotiate with your insurance company after filing a claim. The sooner you reach out to our law firm, the sooner we can begin working on your case to ensure your right to take legal action against a liable party.
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Avoid These 3 Things After Uninsured Collisions in Ohio
To protect your case’s outcome, we advise against:
- Sharing Information About the Accident on Social Media
Posting to social media is a great way to connect with friends and family. It’s also a great way to jeopardize your case. The claims adjuster can see everything you post online–even if you’re using a different name or have airtight privacy settings.
While your case unfolds, you should avoid:- Posting photos of yourself–even if they’re old pictures
- Uploading any videos
- Privately messaging anyone about the incident
- Responding to messages from the other party
- Following the involved parties on social media
- Accepting friend requests from “friends of friends”
- Forgoing Medical Attention
We understand that healthcare expenses can get, well, expensive. Still, you shouldn’t skip the medical attention you need. Not only could this jeopardize your health, but it could also jeopardize your claim.
Consider the following:- You need medical evidence to tie your injuries to the collision–if you don’t have imaging scans, lab test results, or other supporting information, the insurer could contest your injuries.
- You want to do everything possible to better your condition; otherwise, the liable party might refuse to pay for certain aspects of your medical care.
- Accepting the First Settlement Offer
Insurance companies sometimes “test” injured claimants by offering fast settlements. These offers seldom account for the full range of claimants’ past, present, and future expenses. Once you accept an offer, you cannot request more money later on. Even if you incur additional damages, those will be your financial responsibility and not the insurance company’s.
When the insurance company offers a settlement immediately after your collision, consult your attorney. They can explain whether an offer meets your needs. If not, they can negotiate a better deal.
How Our Lawyers Help Victims Hurt By Uninsured Motorists in Ohio
Though the law in Ohio clearly states who is financially responsible in a motor vehicle accident, recovering compensation with an underinsured or uninsured driver lawsuit in Ohio is an uphill battle.
Therefore, working with an experienced car accident lawyer has benefits. We know how to navigate the legal system, understand the laws, and seek the best possible outcome. As your attorney, we will:
Work With Uncooperative Insurance Companies
Give yourself time to discuss your case with us before talking to insurance companies. Insurers will likely contact you immediately after an accident. Insurance companies may deny your claim or offer you an initial settlement that does not fairly cover your losses. Many times, talking to an insurance company can jeopardize your case.
Offer Help on a Contingency-Fee Basis
Being in a car accident can threaten your financial stability and plans for the future. That’s why our car accident lawyers offer help on a contingency-fee basis. As our client, that means:
- We don’t require any upfront payments
- We don’t charge retainers or by-the-hour rates
- We finance everything your case requires, from filing fees to courtroom appearances
- Our attorney’s fees come from the funds we secure for you
With our help, you just focus on getting better. We’ll take care of everything your case requires.
Get a Free Evaluation to See If You Have an Uninsured Motorist Claim in Ohio
Recovering from an injury is difficult enough without dealing with financial pressures as well. Allow a car accident lawyer with Bressman Law to help you hold uninsured and underinsured motorists financially responsible for their actions. Call Bressman Law at (614) 877-6303 to discuss the specifics of your case during a free, no-obligation case consultation. You can also book an appointment with us online.
Call or text (614) 538-1116 or complete a Free Case Evaluation form
