After a car accident in Cuyahoga Falls, it’s normal to feel overwhelmed by medical bills, insurance claims, and lost time from work. If someone else’s negligence caused your crash, you deserve to be compensated for your injuries and losses. At Obral Silk & Pal Personal Injury Lawyers, our experienced car accident lawyer can guide you through every step of the legal process. Call us at 216-529-9377 to schedule a free consultation and get the support you need.
Understanding Your Options After a Crash With an Uninsured Driver in Ohio
Being involved in a car accident is stressful enough on its own. But when the other driver doesn’t have insurance, that stress can quickly turn into confusion and frustration. Ohio law requires all drivers to carry minimum liability insurance. Unfortunately, some drivers fail to follow this rule, leaving others to deal with the financial consequences after a collision.
If you’ve been hit by an uninsured driver in Lorain or anywhere in Ohio, it’s important to understand your rights and the options available to you.
Ohio’s Insurance Requirements and What They Mean
In Ohio, drivers are required to carry liability coverage with the following minimum limits:
- $25,000 for injury or death of one person
- $50,000 for injury or death of two or more people
- $25,000 for property damage
These limits are designed to cover the damages the at-fault driver causes to others. But if the person who hit you doesn’t have insurance, those benefits aren’t there. That’s when your own insurance coverage may become crucial.
What Happens When the At-Fault Driver Has No Insurance
If an uninsured driver causes an accident, they can still be held legally responsible for your injuries and property damage. However, recovering money from an uninsured individual can be difficult. In many cases, people who drive without insurance do so because they can’t afford it—which may also mean they don’t have the assets to cover your losses.
This is why uninsured motorist (UM) coverage exists. It’s designed to step in when the at-fault driver lacks insurance.
How Uninsured Motorist Coverage Works in Ohio
Uninsured motorist coverage is not required in Ohio, but insurance companies are required to offer it. If you chose to add this coverage to your policy, it can help cover the costs of injuries, medical expenses, lost wages, and even pain and suffering if the at-fault driver has no insurance.
Uninsured motorist coverage generally applies in two situations:
- The at-fault driver has no liability insurance.
- The at-fault driver flees the scene, and you’re unable to identify them (hit-and-run).
If your policy includes this coverage, it can be a valuable safety net in these scenarios. It typically covers you and the passengers in your vehicle at the time of the crash.
Underinsured Drivers and Your Coverage
There’s also a related issue: underinsured drivers. This refers to drivers who do have insurance, but not enough to cover all your losses. In those situations, underinsured motorist (UIM) coverage may help fill the gap between what the other driver’s insurance pays and your actual costs.
For example, if your total damages amount to $50,000 and the at-fault driver only has $25,000 in liability coverage, your underinsured motorist coverage could pay the remaining $25,000—if you have it.
Filing a Claim Through Your Own Insurance
If you’re hit by an uninsured driver and have UM coverage, you’ll file a claim with your own insurer. It’s important to understand that just because you’re filing with your own company doesn’t mean the process will be easy. Insurance companies still investigate the claim and may try to minimize the payout.
Here are a few steps to keep in mind:
- Report the Accident Immediately – Notify the police and file an accident report. Documentation is especially important when there is no other insurance involved.
- Contact Your Insurance Company – Inform them about the accident and ask how to proceed with a UM claim. Make sure to review your policy so you understand what’s covered.
- Seek Medical Attention – Even if you don’t think your injuries are serious, get checked by a doctor. Some injuries take time to appear, and early documentation can help support your claim.
- Keep All Records – Maintain copies of medical bills, vehicle repair estimates, lost wage documentation, and any other relevant expenses.
- Speak With an Attorney – If your insurance company disputes the claim or offers less than you believe is fair, an experienced personal injury lawyer can help you negotiate or take legal action if necessary.
Legal Options Against the Uninsured Driver
In some cases, you may choose to file a lawsuit directly against the uninsured driver. This is often considered a last resort, especially if the driver has limited income or assets. Even if you win a judgment in court, collecting on that judgment can be difficult.
Sometimes the court may allow wage garnishment or liens on property, but that process takes time and may not result in a full recovery of your damages.
Why Legal Help Makes a Difference
An experienced attorney can evaluate your insurance coverage, explain your legal options, and negotiate on your behalf. Insurance companies are businesses first. Even when you’re dealing with your own policy, they may look for ways to reduce or deny your claim.
A personal injury attorney can gather evidence, communicate with the insurance adjuster, and help you determine whether pursuing a claim against the uninsured driver is worth the effort.
What If the Other Driver Flees the Scene?
If you’re involved in a hit-and-run, it’s treated similarly to an uninsured driver situation—as long as you have uninsured motorist coverage. Police should be contacted immediately, and you’ll want to provide as many details as possible about the fleeing vehicle, such as make, model, color, and license plate, if known.
If the driver is located later, and they are insured, you may be able to pursue a standard claim against their insurance. If not, you’ll continue your claim under your own UM coverage.
Support When You Need It Most from a Car Accident Attorney
If you’ve been injured in a car crash in Cuyahoga Falls, don’t face the legal process alone. An experienced car accident attorney can help you protect your rights, deal with insurance companies, and pursue fair compensation for your losses. At Obral Silk & Pal Personal Injury Lawyers, we’re here to provide trusted guidance every step of the way. Call us today at 216-529-9377 to schedule your free consultation and learn how we can help.