Handling Car Accidents Involving Uninsured Drivers

Being in a car accident is stressful enough on its own. Discovering that the at-fault driver has no insurance can make the situation even more difficult. If you’ve been hit by an uninsured motorist in Ohio, it’s important to know your rights and the steps to take after the crash. This guide will provide an overview of how to handle accidents caused by uninsured drivers in Ohio.

Gather Information at the Scene

If possible, do not move the vehicles involved in the accident until the police arrive. This allows officers to accurately assess the scene when writing up their accident report. Make sure to get the other driver’s name, contact details, driver’s license number, license plate, and insurance information. Even if they admit to not having insurance, get their details documented.

Ask any witnesses to stick around to give their statement to the police as well. Their account of what happened can help support your version of events. If anyone has dashcam footage that captured the accident, ask them to share it with officers and your insurance company.

File a Police Report

Contact the police to come to the scene of the accident. In Ohio, it is required by law for all drivers involved in an accident resulting in injury, death, or over $1,000 in property damage to file an official accident report with the police.

Provide the officers with your account of what happened. Be as detailed as possible, including facts about the time of day, weather conditions, speed you were driving, and any attempts you made to avoid the collision. Getting your side of the story documented in the official report creates a record you can refer back to later if any disputes arise over fault.

Make sure to get a copy of the police report for your records. This will be crucial when you start your insurance claim process.

Report to Your Insurer

Notify your insurer of the accident as soon as possible. Provide them with all the details, including the police report and information collected about the other driver and their lack of insurance coverage.

In Ohio, uninsured motorist coverage is mandatory, so your insurer will apply this policy to cover costs related to the accident up to your coverage limits. They will open a claim for you to get compensated for vehicle repairs, medical bills, lost wages from missed work due to injuries, and other accident-related expenses.

Your insurer will also go after the at-fault driver personally to recover the costs they pay out for your claim through a process called subrogation.

It can be very helpful to have an experienced personal injury attorney assist you when reporting the claim to your insurance company. They can communicate with your insurer on your behalf to ensure you get the full compensation you are owed. An attorney understands the claims process and negotiation tactics that insurers use. They will deal with the insurance adjuster directly to get your claim paid out fairly and quickly. Which leads us on to…

Consult a Personal Injury Attorney

While uninsured motorist coverage can help you recoup some losses, it may not fully compensate you for the harm done, especially if you have extensive injuries. And, pursuing additional compensation directly from the uninsured at-fault driver is often an uphill battle. An experienced personal injury attorney can help maximize your settlement and get you full and fair compensation.

They can file a civil lawsuit against the uninsured driver for costs exceeding what your insurance covers, such as long-term medical expenses, lost income, and pain and suffering damages. While the driver may not have insurance, going after their personal assets can sometimes yield additional compensation for accident victims.

An attorney can also check whether the at-fault driver has homeowner’s or other liability insurance that could potentially apply to the accident. If they discover assets or insurance, they will aggressively pursue full compensation through demanding letters, settlement negotiations, and court action if needed.

Explore All Potential Sources of Compensation

In addition to going after the uninsured driver personally, an attorney will explore every potential source of compensation following an accident caused by an uninsured motorist. This may include:

Your own uninsured/underinsured motorist coverage
Any MedPay/PIP coverage under your policy to cover medical bills
Health insurance and disability insurance
Claims against vehicle manufacturers if a defect contributed to the crash
Premises liability claims if the accident occurred due to an unsafe property
Claims against a business or employer if the driver was working at the time
Dram shop claims if drunk driving was involved

A skilled attorney will turn over every stone to get you fair compensation. They will be able to look into things you may never have even considered, all while you rest and heal from the traumatic ordeal.

Watch for Time Limits

It’s important to take action promptly when seeking additional compensation, as Ohio law imposes strict time limits. Generally, victims have two years from the date of their accident to file a personal injury lawsuit against the at-fault driver. Any delay could jeopardize your ability to recover full damages.

An experienced attorney will immediately begin investigating your accident and preparing your case to preserve your rights. Do not leave it to chance – consult an attorney right away so they can take steps to obtain the maximum compensation you deserve on your timeline.

Let Us Help with Your Case

Being struck by an uninsured or underinsured driver can leave you facing devastating losses. Our attorneys have helped hundreds of accident victims successfully pursue maximum compensation from at-fault parties as fully as possible under the law. We can investigate every avenue to get you fairly compensated and give you peace of mind during the stressful claims process.

If you or a loved one has been injured by an uninsured motorist in Ohio, contact us for a free, no-obligation consultation. Let our experienced legal team review your case and answer all your questions during this initial meeting.

Visit one of our offices at:

Westerville – 4151 Executive Pkwy, Suite 355, Westerville, OH 43081
Mansfield – 33 S. Lexington-Springmill Rd, Mansfield, OH 44906

Or call now for a free consultation on (614) 224-4114.