When the Other Driver Can’t Pay for Your Injuries
Ohio law requires drivers to carry liability insurance, but not everyone follows the rules, and even those who do often carry only the state’s bare minimum coverage. If you’re seriously injured in a crash caused by a driver who has no insurance at all, or who doesn’t have enough to cover your medical bills and lost wages, you could be left paying for someone else’s mistake out of your own pocket. That’s where uninsured motorist (UM) and underinsured motorist (UIM) coverage come in.
What Uninsured Motorist Coverage Covers
Uninsured motorist coverage steps in when the driver who caused your accident has no liability insurance whatsoever, or in hit-and-run cases where the at-fault driver can never be identified. Under this coverage, you file a claim with your own insurance company, which then pays you as if it were the at-fault driver’s insurer, up to your policy limits.
What Underinsured Motorist Coverage Covers
Underinsured motorist coverage applies when the at-fault driver does have insurance, but their policy limits aren’t enough to cover the full extent of your damages. For example, if your medical bills total $60,000 but the at-fault driver only carries Ohio’s minimum $25,000 in bodily injury liability coverage, your UIM coverage can make up the difference, again up to your own policy’s limits.
- UM coverage applies when the at-fault driver has no insurance or flees the scene
- UIM coverage applies when the at-fault driver’s insurance isn’t enough to cover your losses
- Both types typically also cover injuries you sustain as a pedestrian or bicyclist struck by an uninsured or underinsured driver
- Insurers can require you to exhaust the at-fault driver’s policy before UIM benefits become available
Why Ohio’s Minimum Coverage Requirements Create Gaps
Ohio requires drivers to carry at least $25,000 in bodily injury coverage per person and $50,000 per accident, along with $25,000 in property damage coverage. While these are the legal minimums, serious injuries from a car accident, especially ones involving surgery, hospitalization, or long-term rehabilitation, can easily exceed those amounts. Because Ohio does not require drivers to carry UM/UIM coverage, though insurers must offer it, many drivers unknowingly waive this protection when they purchase a policy, leaving themselves exposed if they’re hit by someone without adequate insurance.
- Ohio’s minimum liability limits are often far below the actual cost of a serious injury
- UM/UIM coverage must be offered by insurers, but drivers can reject it in writing
- Ohio allows stacking of UM/UIM coverage across multiple vehicles on a policy in many cases, which can significantly increase available compensation
- Reviewing your policy before an accident happens is the best way to know what protection you actually have
What to Do If You’re Hit by an Uninsured or Underinsured Driver
- Report the accident to the police and get an official crash report
- Seek medical attention right away, even if injuries seem minor
- Notify your own insurance company promptly, since UM/UIM claims can have strict notice requirements
- Avoid giving a recorded statement to any insurance company, including your own, before speaking with an attorney
- Keep records of medical bills, lost wages, and other expenses related to the crash
How an Ohio Attorney Can Help
UM/UIM claims can be more complicated than a standard injury claim because you’re essentially negotiating with your own insurance company, and insurers don’t always make this process easy. An experienced Ohio personal injury attorney can review your policy, identify all available coverage, and negotiate on your behalf to help ensure you receive the full compensation your policy allows.
