Dealing with Uninsured or Underinsured Drivers After a Car Accident
What You Need to Know to Protect Yourself
Car accidents are stressful, but the situation can become even more complicated if the other driver doesn’t have insurance or doesn’t have enough coverage to pay for the damages. Understanding how to handle these scenarios can help you protect your rights and ensure you receive the compensation you deserve.
At Zaber Law, we guide you through the process of dealing with uninsured or underinsured drivers so you can focus on your recovery.
What Is an Uninsured or Underinsured Driver?
An uninsured driver is someone who doesn’t have auto insurance, which is illegal in Ohio. On the other hand, an underinsured driver has insurance but not enough to cover all the expenses from the accident. In both cases, the financial responsibility for your injuries and property damage may fall on you—unless you take the right steps.
Steps to Take After an Accident with an Uninsured/Underinsured Driver
- Stay Calm and Call the Police: Regardless of the other driver’s insurance status, always call the police after an accident. A police report is crucial for documenting what happened, and it may help in your claim, especially when dealing with uninsured drivers. The report will also serve as official proof if the other driver is uninsured or underinsured.
- Gather Evidence: Take pictures of the accident scene, any damage to your vehicle, and any visible injuries. Get the other driver’s contact information, but be mindful that they may be hesitant to provide details if they don’t have insurance. Also, collect witness statements and contact information from anyone who saw the accident.
- Inform Your Insurance Company: Notify your insurance company as soon as possible, even if the other driver is uninsured. If you have uninsured or underinsured motorist (UM/UIM) coverage, you may be able to file a claim under your own policy. This type of coverage can help pay for medical expenses, vehicle repairs, and other losses.
- Seek Medical Attention: Even if you feel fine after the accident, it’s important to get checked out by a doctor. Some injuries, like whiplash or concussions, might not show up immediately but can cause long-term problems. Medical records are also essential when filing an insurance claim or lawsuit.
What Is Uninsured/Underinsured Motorist Coverage?
UM/UIM coverage is an optional add-on to your auto insurance policy that can protect you in case the at-fault driver doesn’t have enough insurance. Ohio law doesn’t require drivers to carry this coverage, but it’s highly recommended. Here’s what it covers:
- Uninsured Motorist Coverage (UM): This helps cover your medical bills and other expenses if you’re injured in an accident caused by an uninsured driver.
- Underinsured Motorist Coverage (UIM): If the other driver’s insurance isn’t enough to pay for your injuries or damages, UIM coverage helps make up the difference.
For example, if the at-fault driver’s policy covers $25,000 in damages but your medical bills total $50,000, UIM coverage could help cover the remaining $25,000, depending on your policy limits.
What If You Don’t Have UM/UIM Coverage?
If you don’t have UM/UIM coverage and the other driver is uninsured, you may still have legal options. You can file a personal injury lawsuit against the at-fault driver to recover compensation for your injuries and damages. However, keep in mind that if the driver doesn’t have insurance, they may not have sufficient assets to pay for your losses. This is where a personal injury lawyer can help assess your options and guide you through the best course of action.
Why You Need a Personal Injury Lawyer
Dealing with insurance companies and legal claims after an accident can be overwhelming, especially when the other driver is uninsured or underinsured. A personal injury lawyer can help you navigate this process, ensuring that your rights are protected and that you get the compensation you deserve. At Zaber Law, we specialize in personal injury cases involving uninsured or underinsured drivers. We will work with your insurance company, negotiate with the at-fault driver, and help you pursue a lawsuit if necessary.
Accidents involving uninsured or underinsured drivers can be complex and frustrating, but you don’t have to handle it alone. Contact Zaber Law today for a free consultation, and let us help you protect your rights and get the compensation you need to recover. Your focus should be on healing—we’ll take care of the rest.