What If the Driver Who Caused Your Injuries Isn’t Insured?

If you suffered injuries in a car accident with an uninsured driver, you may be feeling stressed, frustrated, and concerned about how you will ever recover the compensation you need to pay for your injuries, medical bills, and other losses.

While this situation may seem hopeless, you have two potential legal options: filing a claim with your own insurance company or filing a lawsuit against the uninsured driver. To understand these options and how they apply to the facts in your case, consult with a Columbus car accident attorney immediately.

When to file an accident claim with my own insurance company

Ohio does not mandate uninsured motorist coverage for drivers. However, unless you have explicitly declined this coverage in writing, your policy may include uninsured motorist coverage without you even knowing. If you have not sent any written request to remove the coverage from your policy, check your coverage, and if possible, file a car accident claim with your insurance company. In these cases, your insurance policy may cover you as if it were the policy for the other driver. This policy can help you obtain compensation for medical expenses, lost income, property damage, and other losses caused by the uninsured driver.

When to file a lawsuit against the uninsured driver

Ohio is an at-fault state, which means that the driver who caused your crash is legally responsible for your losses from the accident. This liability extends to vehicle repairs, lost wages, medical costs, pain and suffering, and more. Therefore, if the liable driver is not insured, you can file a lawsuit against them to seek compensation to cover your losses. In addition, if you find out that you have uninsured coverage but it is not enough to cover the extent of your injuries, medical expenses, and other losses, you may still need to file a lawsuit against the uninsured driver for the remainder of your losses.

What are the minimum coverage limits for Columbus, OH residents?

According to Ohio’s Department of Insurance, the minimum coverage limits for residents are $25,000 per injured person per accident and $50,000 for all injured persons per accident. Therefore, if an uninsured driver injured you, you may be able to use the $25,000 to cover your injuries and other losses or $50,000 to cover your and your family’s injuries and losses if they were in the vehicle with you.

Do I need to hire a car accident lawyer for an uninsured motorist accident?

While hiring a lawyer for an uninsured motorist accident is not mandatory, it is highly advisable. Even with uninsured motorist coverage, filing a claim with your insurance company can be complex. Despite your long-standing relationship with your insurer, they may try to minimize the payout. Therefore, having a knowledgeable and skilled car accident lawyer in your corner to handle all forms of communication with your insurance company and negotiate on your behalf is usually the best way to protect yourself.

If you do not have uninsured motorist coverage, you may consider filing a lawsuit against the at-fault uninsured driver. This path means taking the case to court, where an experienced lawyer can present your case, provide compelling evidence, and try to convince the judge that the uninsured driver is liable.

What are the advantages of having uninsured motorist coverage?

Many people choose to opt out of or get rid of their uninsured motorist coverage because they want to save money. However, opting out of this coverage is a risky decision. Uninsured motorist coverage has many advantages that can save you time and money in the long run. Here are a few of these advantages:

• Medical expense coverage: Uninsured motorist coverage usually covers emergency room visits, hospitalizations, medical procedures, surgeries, and other healthcare expenses that you accumulated due to an accident with an uninsured driver. Your medical insurance policy may also cover some of these expenses, but exploring any avenues to gain the maximum coverage is important as your costs will likely be extensive.
• Compensation for your vehicle damage: Uninsured motorist coverage may cover the damage caused to your vehicle by the driver who lacked auto insurance. Damage to the vehicle may include scratches, chipped paint, engine repairs, bodywork, and more.
• Compensation to cover your lost income: After being involved in an accident with an uninsured driver, you may need to take some time off work to heal and recover. During this time, your uninsured motorist coverage may cover some of your lost income. This benefit is an important safety net for you and your family.
• Pain and suffering damages: When a person experiences pain and suffering, they may have a diminished quality of life, mental trauma, emotional distress, physical pain, loss of enjoyment of activities, and other non-economic losses. If you experience any of these losses due to an accident with a driver who does not have insurance, your uninsured motorist coverage may provide this compensation.

Has an uninsured driver injured you or a loved one? If so, please do not hesitate to get in touch with the Columbus car accident attorneys at Soroka & Associates, LLC, at your earliest opportunity. We will review the facts and details of your case, inform you of your rights and legal options, and help you pursue the financial recovery you and your family need. Call our office or submit our contact form to receive the legal support and guidance you deserve today at a free consultation. We happily serve clients throughout Central Ohio.