What Happens If You’re Hit by an Uninsured Driver in Ohio?
Getting into a car accident is stressful enough but discovering that the at-fault driver does not have auto insurance can feel overwhelming. Ohio law requires all drivers to carry auto liability insurance, but unfortunately, many motorists either fail to comply or have insufficient coverage. If you were hit by an uninsured driver in Ohio, it’s important to understand your options so you can recover for your harms and losses.
At The Law Firm of Kitrick, Lewis & Staley-Sladek, we know how frustrating it can be when you are faced with an irresponsible and uninsured driver. Their negligence caused you to sustain injuries, lost wages, and pain and suffering. We know how to seek the compensation you deserve even if that driver was uninsured.
Ohio’s Insurance Requirements
An Ohio driver needs state minimum auto insurance coverage, which is the minimum amount of insurance required to legally operate a vehicle. That coverage includes:
- $25,000 for injury or death per person/$50,000 for injury or death per occurrence
- $25,000 for property damage
Despite these requirements, some drivers operate vehicles without insurance, leaving accident victims wondering how to cover medical bills, lost wages, and vehicle repairs. Even when they have state minimum coverage, those limits may not go very far if you are injured.
Options for Recovering Compensation When Dealing with an Uninsured Driver
If the at-fault driver is uninsured, you still have several options to seek financial recovery:
1. File a Claim Through Your Own Insurance
If you have a line item on your auto policy called Uninsured/Underinsured Motorist (“UM/UIM”) Coverage, you can file a claim with your own insurance provider. UM/UIM coverage helps pay for:
- Medical expenses
- Lost wages
- Pain and suffering
- Vehicle damage (if you have uninsured motorist property damage coverage)
UM/UIM coverage is optional in Ohio, but highly recommended to protect you in exactly these kinds of situations. If you are unsure whether you have it, check your policy or contact your insurance provider.
2. Sue the Uninsured Driver Personally
In Ohio you have the right to sue the negligent driver for damages. However, uninsured drivers often lack the financial resources to pay a settlement or judgment. And, collecting on a judgement can be a time consuming and expensive process.
3. Identify Other Liable Parties
Depending on the circumstances, you may be able to hold additional parties responsible, such as:
- An employer if the at-fault uninsured driver was on the job at the time of the wreck
- A bar or restaurant that overserved the at-fault drunk driver (dram shop liability)
- A vehicle manufacturer if a defect contributed to the accident
An experienced attorney can help investigate potential third-party liability.
Steps to Take After an Accident with an Uninsured Driver
If you were involved in an accident, follow these steps to protect your rights:
1. Call the Police
Always report the accident to law enforcement. A police report serves as crucial evidence when filing an insurance claim or lawsuit.
2. Seek Medical Attention
Prioritize your physical health. If you need to seek medical attention, do not wait. In Ohio, you have a duty to mitigate your damages, which includes treating for all injuries associated with a accident.
3. Gather Evidence
Collect as much information as possible, including:
- Photos of the accident scene and vehicle damage
- Contact information for witnesses
- Medical records documenting your injuries
4. Notify Your Insurance Provider
Inform your insurer about the accident as soon as possible. If you have UM/UIM coverage, they will guide you through the claims process. Your insurer may also be helpful in resolving any property damage to your vehicle.
5. Consult a Personal Injury Attorney
An Ohio personal injury lawyer can help you explore legal options, negotiate with insurance companies, and determine the best course of action for recovering compensation. We take the legal and administrative burden off your shoulders so all you have to do is focus on recovery.
Get Help After a Serious Car Accident in Ohio
Being hit by an uninsured driver in Ohio can be infuriating, but you still have options for financial recovery. Whether filing a UM/UIM claim, pursuing a lawsuit, or identifying third-party liability, taking the right steps early can help you secure compensation for medical bills, lost wages, and vehicle repairs. If you are facing challenges, consulting an Ohio personal injury attorney can provide the guidance needed to protect your rights.
Our team at Kitrick, Lewis & Staley-Sladek are highly experienced car accident lawyers who represent clients in Columbus and the surrounding areas. Contact us today for a consultation of your case.
