Hit by an Uninsured Driver in Ohio? Here’s What Happens Next
You were injured in a car accident, the other driver caused it, and then you discover they don’t have insurance. Now what?
Being hit by an uninsured driver can make an already stressful car accident even more complicated. You may be dealing with injuries, medical bills, missed work, vehicle damage, and uncertainty about who will pay for your losses.
The good news is that being hit by an uninsured driver does not necessarily mean you are out of options.
If you are injured by an uninsured driver in Cleveland or elsewhere in Northeast Ohio, understanding your insurance coverage and legal rights can help you determine what to do next.
Is Car Insurance Required in Ohio?
Yes. Ohio drivers are generally required to maintain proof of financial responsibility, most commonly through automobile liability insurance.
Despite this requirement, some people still drive without insurance. Others may have allowed their policy to lapse or may not have valid coverage for another reason.
Unfortunately, you may not discover the problem until after they cause an accident.
When an insured driver causes a crash, the injured person will typically pursue compensation through the at-fault driver’s liability coverage. When that insurance does not exist, the situation becomes more complicated.
What Is Uninsured Motorist Coverage?
One of the first things to check after being hit by an uninsured driver is your own automobile insurance policy.
Uninsured motorist coverage, commonly called UM coverage, may provide compensation when a driver who does not have insurance causes an accident that injures you.
Depending on your policy and the circumstances of the crash, uninsured motorist coverage may help compensate you for losses such as:
- Medical expenses
- Lost wages
- Pain and suffering
- Other accident-related damages
Ohio does not generally require drivers to purchase uninsured motorist coverage, so you should review your policy to determine whether you have it and what limits apply.
Don’t assume you do or do not have coverage. Check your actual policy or speak with someone who can help you understand it.
What About Underinsured Motorist Coverage?
An uninsured driver has no applicable liability insurance. An underinsured driver has insurance, but not enough coverage to fully compensate you for your injuries and losses.
For example, a serious collision could result in significant medical treatment, lost income, and long-term consequences that exceed the at-fault driver’s insurance limits.
Underinsured motorist coverage, often called UIM coverage, may provide additional protection in certain situations.
UM and UIM coverage are different, but both can become extremely important after a serious Ohio car accident.
Can You Sue an Uninsured Driver?
Potentially, yes.
A person who causes an accident can still be legally responsible for the damage they caused even if they do not have automobile insurance.
However, obtaining a judgment and actually collecting money are two different issues. Someone driving without insurance may have limited income or assets available to satisfy a judgment.
An Ohio personal injury attorney can evaluate the circumstances of your accident and identify potential sources of compensation rather than assuming the uninsured driver is the only option.
What Should You Do After an Accident With an Uninsured Driver?
The immediate steps after an uninsured-driver accident are similar to those after any serious collision.
If possible, call law enforcement and make sure the crash is documented. Exchange information with the other driver, take photos and video of the vehicles and accident scene, and collect contact information from witnesses.
Seek appropriate medical attention, particularly if you are experiencing pain or other symptoms. Some accident injuries may not be immediately obvious.
You should also notify your own insurance company promptly. Be careful about giving detailed recorded statements or signing documents you do not fully understand, particularly when injuries are involved.
Keep copies of medical bills, treatment records, pay information showing lost income, repair estimates, receipts, photographs, and correspondence related to the accident.
What If It Was a Hit-and-Run?
Uninsured motorist coverage may also become relevant in some hit-and-run accidents where the at-fault driver cannot be identified.
These claims can involve specific policy requirements and deadlines, making it especially important to report the collision promptly and preserve as much evidence as possible.
Surveillance cameras, dashcams, witness statements, photographs, and vehicle descriptions may all become important when attempting to identify a hit-and-run driver.
Your Own Insurance Company May Still Challenge Your Claim
One common misconception is that filing an uninsured motorist claim with your own insurer means the process will automatically be easy.
It may not be.
Your insurance company can still investigate the collision, evaluate fault, question whether your injuries resulted from the accident, and dispute the value of your damages.
Even though you pay premiums to your insurer, it is still important to document your claim carefully and understand what your policy actually covers.
Hit by an Uninsured Driver in Cleveland? Talk to Zaber Law
Discovering that the person who caused your accident has no insurance can be frustrating, but don’t assume that means you have nowhere to turn.
There may be other potential sources of compensation, including uninsured motorist coverage through your own policy.
If you’ve been injured by an uninsured or underinsured driver in Cleveland or elsewhere in Northeast Ohio, Zaber Law can review the circumstances of your accident, examine available insurance coverage, and help you understand your legal options.
Contact Zaber Law to discuss your Ohio car accident case and learn what steps you can take next.
