It’s legally required for all drivers in Ohio to carry liability insurance – but if you’ve ever spent time on Cincinnati roads, you know all too well that many drivers fail to follow even basic traffic laws. It’s no wonder that an estimated 13 percent of Ohio drivers were uninsured as of 2019 according to the Insurance Information Institute. That stat reflects a terrible reality for many people involved in crashes in Ohio. You essentially have a slightly higher than one in ten chance of being involved in a crash with a driver who doesn’t carry bodily injury liability coverage.
What does that mean for you and your medical bills, property damage, and lost wages – or your legitimate pain and suffering damages? The answer is complicated, and it depends on your own insurance coverage, other potential sources of recovery, and the skills and experience of your personal injury lawyers. That’s where Uninsured & Underinsured Driving Accident Attorneys in Cincinnati, OH can help.
Ohio has fairly standard 25/50/25 auto insurance requirements. This means every driver is legally obligated to carry:
Each person injured by the responsible driver is entitled to up to $25,000 of damages with a cap of $50,000 for all passengers. People who lost property or must get property repaired (like car repairs) are entitled to $25,000 of property damage compensation.
You are not required to carry uninsured/underinsured motorist insurance (UM/UIM) coverage in Ohio. However, the probability that you will be involved in a crash with an uninsured driver at some point is far from impossible. It’s a reality some drivers in Ohio face every day. It may be worth a little extra every month to enjoy the added peace of mind this coverage offers.
If a client is involved in a crash with an uninsured driver, a lawyer can help them recover compensation for their medical bills, lost wages and pain and suffering through various avenues. Some strategies a lawyer may employ include:
Uninsured Motorist (UM) coverage: If the client has Uninsured Motorist coverage as part of their own auto insurance policy, the lawyer can help them file a claim with their insurer to recover compensation for their damages. UM coverage is specifically designed to protect individuals in situations where they are involved in accidents with uninsured or underinsured drivers.
MedPay coverage: There’s some overlap between coverages like your health insurance, UM coverage and MedPay. Essentially, MedPay will pay for your injuries without question regardless of who was responsible. Maybe most importantly it can be used to cover deductibles and copays for your health insurance when you seek medical care for your accident injuries. With combined MedPay and health insurance you may not need to pay anything out of pocket, even if the other driver was liable. Like UM coverage, MedPay is not required in Ohio (though they’re fairly affordable).
Identifying additional sources of compensation: A lawyer may investigate the circumstances of the accident to determine if any other parties could be held liable for your damages. For example, if the accident was caused by a vehicle defect or poor road maintenance, your personal injury attorney could pursue compensation from the manufacturer or the responsible government entity.
Negotiating with insurance companies: Even if you have added auto coverage like MedPay or UM/UIM, there may be some disputes between you and your own insurance company when filing a claim. While it’s nice to think that your own company would want to look out for your best interests, that’s not always the case. A car crash lawyer can still advocate for your interests and seek maximum compensation available under your policy.
Filing a lawsuit: In some cases, it may be necessary to file a lawsuit against the uninsured driver to recover damages. This option depends largely on the types of assets they have and your chances of actually collecting damages. Lawsuits aren’t always a feasible option if the person who caused the crash has few or no real assets, but sometimes there is property, savings or assets to seek. While collecting a judgment from an uninsured driver can be difficult, a lawyer can explore various legal avenues, such as wage garnishment or property liens, to enforce the judgment and collect compensation for their client.
Advising on the best course of action: An experienced lawyer can evaluate your specific situation and provide guidance on the best course of action to recover compensation. They will consider things like your insurance coverage, the uninsured driver’s assets and the likelihood of a successful lawsuit.
Being in any kind of auto accident in Cincinnati is stressful, but the situation can be far more nerve-wracking when you find out the other driver didn’t care auto insurance or their limits are far less than what you need to make a full recovery. The Buckeye Law Group is here to advocate for Cincinnati drivers who find themselves in these types of situations. Don’t hesitate to give us a call at 1-800-411-PAIN for a free case evaluation with our Uninsured & Underinsured Driving Accident Attorneys in Cincinnati, OH.