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 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. Bressman Law can help you calculate your damages and seek fair compensation through your own policy, or by filing a personal injury lawsuit.
Damages 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 may recover compensation for your losses. Generally, you may recover:
- Expenses for medical care, including rehabilitative therapy and hospital visits
- Lost wages from 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 within which you can work
- Pain and suffering, both for your physical and mental anguish after the accident
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. A personal injury lawyer with our firm can calculate what a fair settlement or court-awarded offer would look like in your case.
For a free legal consultation, call (614) 538-1116
Actions Victims May Take After Accidents Caused By Uninsured Motorists
Car accident victims have options available following a car 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 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 that applies 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.
Deadlines for Filing a Lawsuit
Under Ohio Revised Code (ORC) §2305.10, you generally have two years from the date of the accident to file a personal injury lawsuit. Similarly, under ORC §2125.02, you have two years from the date of a loved one’s passing to file a wrongful death lawsuit. If you do not meet filing deadlines, the Ohio court will refuse to hear your case.
This deadline 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 driver.
How a Lawyer with our Firm 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, working with a car accident lawyer in Ohio may have benefits. We know how to navigate the legal system, understand the laws, and know the best legal courses of action to seek fair compensation.
Complications Dealing with 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. 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 with Bressman Law 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. You have enough to deal with after an Ohio car accident with an uninsured driver. We provide you with the legal support you need, so you can focus on taking care of yourself.
Call Bressman Law to discuss the specifics of your case during a free, no-obligation case consultation.