What Happens If the Person At-Fault in an Accident Has No Insurance in Ohio
Ohio law requires drivers to buy liability insurance to cover injuries they cause in a crash. Unfortunately, some drivers either can’t afford insurance or choose not to buy it, which creates legal headaches when a collision happens. You have options to recover compensation after a car accident when the at-fault driver has no insurance, but you might need help from an Ohio car accident lawyer.
What Does Ohio Law Say About Driving Without Insurance?
Ohio law requires all drivers with cars registered in the state to purchase liability insurance. Liability insurance covers injuries and property damage that a driver causes in a collision. Notably, liability insurance does not cover any injuries a driver sustains or damage to their vehicle. (Other car insurance coverage, such as medical payments coverage or collision coverage, can help injured drivers pay for their own losses.)
The minimum liability insurance coverage all drivers with cars registered in Ohio must carry is:
- $25,000 for injuries to or the death of one person in a single crash
- $50,000 for injuries to or the deaths of two or more people in a single crash
- $25,000 for property damage per accident
Note that these are the minimum amounts. It’s better to purchase additional coverage if you can afford it. Otherwise, you might not have sufficient financial protection if you cause a collision.
Hit by an Uninsured Driver in Ohio? Here’s What to Do Next
Taking proper precautions after an uninsured motorist accident can make the legal process easier and help you recover compensation more quickly. Here’s what to do:
- Request a copy of the police report
- Notify your auto insurance company
- Review your uninsured/underinsured motorist coverage if you have it
- Keep records of all expenses related to the accident
- Avoid speaking to the other driver or their representatives without seeking legal advice first
- Contact a personal injury attorney for legal guidance
Will Insurance Companies Pursue an Uninsured Driver in Ohio?
People often ask us, “Do insurance companies go after uninsured drivers?” There’s a good chance that your insurer will pursue compensation from an uninsured driver, especially if you have uninsured motorist coverage.
Suppose an uninsured driver hits you, and your own insurance company pays for your losses through your uninsured motorist coverage. In that case, the insurer may go after the at-fault driver to recover those costs. The legal term for this process is “subrogation.” Essentially, your insurance company steps into your shoes and tries to get reimbursed by the person who caused the accident.
However, whether they actually pursue the uninsured driver depends on the details of your case. If the at-fault driver has little income or few assets, the insurer may decide it’s not worth the time and expense to take legal action. The uninsured driver may not face immediate financial consequences unless you choose to pursue legal action.
Can You Sue an Uninsured Driver in Ohio?
A car accident victim might wonder: Can I sue someone who hit my car without insurance?
Yes, you can sue an uninsured driver in Ohio if they caused a crash. Even without insurance, the at-fault driver is still legally responsible for the injuries and property damage they caused, including your medical bills, lost wages, vehicle repairs, and pain and suffering. However, winning a lawsuit is only part of the challenge. Collecting the money you’re owed may be difficult if the uninsured driver has little income or few assets. That’s why it’s crucial to work with a personal injury attorney who can explore all possible sources of compensation, including your uninsured or underinsured motorist coverage.
What If You Were Driving Without Insurance in Ohio?
Driving without insurance in Ohio is both illegal and financially risky. If you cause a crash, you’re on the hook for whatever injuries and property damage you cause. Even without insurance, the other driver or their insurer could sue you to collect the money you owe.
It’s a different story if you didn’t cause the crash. In these circumstances, you can file an insurance claim or personal injury lawsuit against the driver who hit you, regardless of whether you had insurance. However, you should get help from an experienced Akron car accident attorney to maximize your compensation and avoid any legal complications.
Protect Yourself from Uninsured Drivers With UM/UIM Coverage
While Ohio doesn’t require you to buy uninsured/underinsured (UM/UIM) motorist coverage, it’s a good idea if you can afford it. The Insurance Information Institute estimates that about 14 percent of drivers nationwide don’t have insurance. Recovering compensation from uninsured and underinsured motorists is possible, but it’s much harder.
UM/UIM coverage protects you financially if an uninsured or underinsured driver hits you. It covers your injuries and property damage up to your policy limits (which usually match your liability coverage), providing some financial security. Uninsured motorist coverage also covers your injuries and property damage if a driver hits your car and flees the scene.
FAQs About Car Accidents with No Insurance in Ohio
Here are the answers to some common questions we get about uninsured motorist accidents in Ohio:
What’s the deadline to file an uninsured motorist lawsuit in Ohio?
In most cases, you must file an uninsured motorist lawsuit within of the crash. We urge you to speak to a lawyer as soon as possible so they can gather and preserve vital evidence.
How much is an uninsured motorist claim worth?
That depends on your injuries, lost income, and other factors specific to your situation. An experienced attorney can assess your losses to maximize your potential compensation. With proper legal support, you can recover compensation for your medical bills, lost income, pain and suffering, emotional distress, vehicle repair costs, and more.
Do I need a lawyer for an uninsured motorist claim?
Talking to a lawyer after an uninsured motorist accident is always a good idea. Even if you have uninsured motorist coverage, your insurer might downplay your injuries to reduce your compensation. If you don’t have uninsured motorist coverage, an attorney can help you file a lawsuit against the uninsured driver.
Contact Our Ohio Car Accident Attorneys for Help
An accident with an uninsured driver is frustrating, but Amourgis & Associates, Attorneys at Law, can simplify the legal process for you. Let us seek maximum compensation on your behalf, allowing you to focus on your healing. Call now or complete our contact form to schedule a free consultation.
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At Amourgis & Associates, Attorneys at Law, we only represent consumers. We fight for regular people who have been seriously hurt in accidents. We fight for people who are being crushed by overwhelming debt and need a fresh start. We fight for individuals and families. Never businesses. Never insurance companies. We are loyal to the consumer.
