The state of Ohio ranked 21st in the nation in 2021 for the number of uninsured motorists, with 13 percent of all drivers in the state driving without insurance. In the state of Ohio, it is illegal to operate a motor vehicle without a minimum amount of liability insurance. Ohio law requires all drivers to carry liability insurance of at least $25,000. Unfortunately, in our current economic client, many drivers cannot afford car insurance, while other drivers who have had prior DUI convictions may not be eligible to purchase car insurance.
If you were involved in a car accident with a driver who did not have insurance, you may need to fall back on your own uninsured motorist coverage through your insurer. Uninsured motorist coverage works like a backup insurance policy in the event you are hit by a driver who has no insurance. In this case, your injuries and other damages will be covered by your insurance company up to the limits of your policy. At the scene of your accident, the police may have come and taken information from both parties. If the other driver did not have insurance coverage, the police will tell you this. You may still choose to sue the at-fault driver, however, if the driver has no insurance, it is unlikely he or she has sufficient assets to pay your expenses related to the accident.
Who is Liable for a Hamilton Uninsured Motorist Accident?
Following an accident in Hamilton, the police will be called, and a police report will be prepared. In many cases, this police report will indicate which driver was at fault for the accident, unless fault is difficult to determine. The insurance companies of both drivers may further investigate the accident to determine fault, and each insurer may do their best to show the accident was the fault of the other driver rather than its own insured.
In the state of Ohio, uninsured motorist coverage is not required, rather it is an optional coverage that you can choose or decline when you purchase your auto insurance. While determining which driver is at fault is always an extremely important issue, it can be even more important when the at-fault driver is uninsured. If you have uninsured motorist coverage, this coverage will only kick in if the other driver is deemed at fault and has no insurance.
Otherwise, your injuries and damages will still be covered by your own insurance company, but your rates are likely to increase significantly if you are the at-fault driver. Having an accident with an uninsured motorist can be even more difficult than most auto accidents. Having an experienced Hamilton, Ohio uninsured motorist coverage attorney from Kruger & Hodges can make the process much simpler, allowing you the time you need to heal from your injuries.
Does Ohio Uninsured Motorist Coverage Cover a Hamilton Hit-and-Run?
If you were not only hit by a negligent driver, but that driver also fled the scene of the accident, you are facing even more difficulties. While fleeing the scene of an accident is illegal, a driver who caused an accident, has no auto insurance, and may even have been impaired at the time may determine he or she has less chance of legal ramifications if they simply drive away. Ohio is one of only a handful of states that does not allow uninsured motorist coverage to cover damages associated with a hit-and-run driver.
In such a case, you will be forced to use your personal injury protection, medical payments coverage, and collision coverage to cover your injuries and damages associated with an Ohio hit and run accident.
What is the Process Following an Accident with a Hamilton Uninsured Motorist?
If you have been hit by a negligent driver who has no auto insurance, you may be forced to fall back on your Ohio uninsured motorist coverage. The immediate process following your Hamilton auto accident will be the same as for any auto accident. You will call 911 and make sure everyone who was injured in the accident receives medical treatment. The police will make a report that includes the insurance information—or lack of insurance information—for you and the other driver.
If you are medically able following the accident, take photos of the scene of the accident and obtain contact information from any witnesses. Once you are home, however, the “typical” list takes a detour.
Your insurance company may ask you for details about the other driver and his or her vehicle as they may want to pursue recovery from that driver. Keep a file with all receipts related to your auto accident, as well as notes on anything you can remember detail-wise. More importantly, contact a Kruger & Hodges Ohio uninsured motorist coverage accident attorney who can walk you through the process.
What Issues Might You Encounter Following an Ohio Uninsured Motorist Coverage Accident?
If you do have uninsured motorist coverage, your damages will likely be covered, and your insurance company may not raise your rates as a result of using your UIM coverage. Like any insurance company—even though you are their client—they will attempt to pay you as little as possible for your claim. Because of this, having a Hamilton, Ohio uninsured motorist coverage attorney from Kruger & Hodges by your side can make the process easier while ensuring you receive a fair settlement.
If your UIM coverage pays your damages and you sue the at-fault driver, then any settlement or judgment against the at-fault driver may be owed to your insurance company if it provided UIM coverage. If your lawsuit against the at-fault driver is successful, you could potentially petition the court to have his or her assets seized and/or wages garnished until you are paid in full. You have two years from the time of the accident in which to file your claim, so be sure you do not let this time slip by if you want to hold the other driver accountable.
How We Can Help After an Ohio Uninsured Motorist Coverage Accident
Pursuing an uninsured motorist claim can be complex and time-consuming. This is a time when you absolutely need an attorney you can trust to ensure your rights and future are protected from start to finish. The Ohio uninsured motorist coverage accident attorneys know all the technical aspects of UIM coverage, as well as the many ways your insurance company may attempt to avoid paying you what your claim is worth.
We will help you navigate the process as we gather all necessary evidence and carefully evaluate your damages. The Kruger & Hodges legal team has built a compassionate law practice committed to pursuing justice for our Hamilton neighbors. We believe you deserve an attorney who is consistently reachable—one who answers when you call, then really listens. The Kruger & Hodges attorneys have many years of experience representing personal injury victims.
We started our firm because we wanted to bring what we learned at larger firms to smaller towns like the ones we grew up in and now live in. We are honest, experienced, knowledgeable, and highly skilled and we are ready to ensure you receive a fair settlement for your injuries and other damages. Contact Kruger & Hodges today.