How do you obtain compensation after an accident with an uninsured driver, or a driver who does not have enough coverage to pay for your damages?
You may be able to file a claim with your insurance company to obtain compensation from your uninsured/underinsured motorist coverage. However, even though you are dealing with your insurer, you may struggle to obtain the compensation you deserve. This is why you should strongly consider hiring a Cincinnati uninsured motorist lawyer to help with your claim. The insurance disputes attorneys at O'Connor, Acciani & Levy have many years of combined experience obtaining fair compensation for car accident victims. This includes dealing with a variety of car insurance disputes. We offer a free legal consultation and do not charge for representing you unless you are compensated.
UNINSURED MOTORIST COVERAGE IN OHIO
In this state, drivers are not required to purchase uninsured motorist coverage when they buy car insurance. By law, drivers are only required to purchase liability coverage that pays for damages suffered by other drivers, including medical expenses and property damage.
However, if you do not purchase uninsured motorist coverage and are involved in an accident with an uninsured driver, you may struggle to obtain the compensation you deserve. Even though Ohio requires drivers to carry insurance, approximately 12.4 percent of drivers in this state hit the road without the required coverage, according to an estimate from the Insurance Research Council.
Even if you are involved in an accident with a driver who has insurance, he or she might not have enough coverage to pay for all of your damages. This could easily happen if you suffer serious or long-term injuries because of the crash.
Without this coverage, your Cincinnati car insurance attorney may have no recourse for obtaining the compensation you deserve. You could try filing a lawsuit against the driver, but if he or she does not have enough insurance coverage, it is doubtful he or she will have the financial resources to cover your damages.
WHAT IS COVERED?
If you have uninsured/underinsured motorist coverage, it may cover medical bills, lost wages, and pain and suffering if you are in an accident with an uninsured or underinsured driver. This type of insurance would also cover damages suffered by any passengers in your vehicle.
The policy may also cover family members who were injured in an accident with an uninsured or underinsured driver, even if they were not in your vehicle. Family members are defined as people who are related to you and live in your home. This can also include members related through marriage or adopted children. However, family members with their own car insurance are usually not covered by your policy.
HOW MUCH COVERAGE CAN I GET?
You cannot buy more in uninsured motorist coverage than you have in liability coverage. Liability coverage pays compensation to another driver injured in an accident you caused.
Ohio requires drivers to purchase the following minimum liability insurance coverage:
- $25,000 for bodily injury or death to one person
- $50,000 for bodily injury or death to two or more people
- $25,000 for property damage
HOW DOES THIS COVERAGE WORK FOR UNDERINSURED CLAIMS?
If you were involved in an accident with a driver whose insurance coverage is less than the cost of your damages, your uninsured motorist coverage may be used to make up the difference. For example, if you have $75,000 in uninsured motorist coverage and the other driver has $50,000 in liability coverage, you may be able to collect up to $25,000 in compensation from your uninsured motorist coverage.
If you were injured in an accident with an uninsured or underinsured driver, our uninsured motorist lawyers in Cincinnati can help you pursue insurance compensation. We are prepared to deal with the insurance company on your behalf, fighting for your best interests and pursuing the compensation you deserve.
If the insurance company handles your claim in bad faith, we may be able to pursue a lawsuit to hold the insurer accountable and obtain the compensation you were wrongfully denied.
HOW COMPARATIVE FAULT CAN AFFECT YOUR CLAIM
When you file an uninsured motorist claim, your insurance company will launch its own investigation of the crash. One of the things they will review is the cause of the crash.
Insurance companies are focused on paying out as little compensation as possible by trying to determine if you played a role in the accident. Under Ohio's comparative fault law (Ohio Revised Code 2315.33), courts and insurance companies can deny or reduce your total compensation according to your percentage of fault.
The law says you cannot recover any compensation if you are more than 50 percent responsible for the accident. If your percentage of fault is less than that, your total award will be reduced by your percentage of fault. This means a $50,000 award would become $40,000 if you were found to be 20 percent responsible for the crash.
Our Cincinnati uninsured motorist attorneys will conduct our own investigation of the accident to collect evidence about what caused it. We will work to try to ensure you are not assigned more fault for the crash than you deserve. We want you to receive all the compensation you are entitled.
OUR CINCINNATI UNINSURED MOTORIST ATTORNEYS ARE HERE TO HELP
If you suffered injuries in a car accident with an uninsured driver, you may be able to obtain compensation from your uninsured motorist coverage. A licensed lawyer can represent you throughout the claims process, defending your rights.
While you are not required to hire a Cincinnati uninsured motorist lawyer, it could help bring a significant impact in your ability to obtain fair compensation from your insurance company. Insurers are focused on their best interests, which means they will do whatever they can to deny or devalue your claim. This is why having an experienced advocate on your side could make all the difference.
At O'Connor, Acciani & Levy, your initial consultation is free and we do not charge legal fees unless you recover compensation. Call now to schedule your consultation.
