After a car accident in Columbus, Ohio, the at-fault driver’s insurance provider can be responsible for covering your financial damages. Unfortunately, all too many drivers in Ohio drive while underinsured or uninsured. If you were hurt in a crash due to the negligence of an uninsured motorist, you might not know where to begin to cover your unexpected costs.
Experienced Columbus car accident lawyers can help you understand your options and pursue the financial recovery you deserve. An attorney can help you understand how your insurance might help and how to seek damages from the negligent driver who caused the accident. Mani Ellis & Layne Accident & Injury Lawyers can guide you through the next steps after a serious accident. Contact us online or call our law office today at (614) 587 8423 to schedule a free consultation.
How Mani Ellis & Layne Accident & Injury Lawyers Can Help After a Car Accident with an Uninsured Driver
Dealing with an uninsured or underinsured driver claim is difficult to do by yourself in Columbus, OH. Insurance companies will take advantage of claimants in these situations by minimizing or denying claims. An experienced Columbus car accident attorney with experience in uninsured motorist claims can help. An attorney from Mani Ellis & Layne Accident & Injury Lawyers can:
- Negotiate aggressively with insurance companies to obtain maximum coverage
- File a civil lawsuit against the at-fault driver to collect the compensation you deserve
- Help you throughout the legal processes you face
Get in touch with our team today for a free consultation.
What Is Uninsured/Underinsured Motorist Coverage?
If you carry Uninsured/Underinsured Motorist Coverage, that coverage can pay for damages if a driver without insurance or without Ohio’s minimum insurance coverage hits you. This type of coverage exists to cover injuries, vehicle damages, and certain other losses due to an accident. Uninsured motorist coverage is mandatory in Ohio unless an exception exists.
The minimum coverage limits in Ohio are $25,000 per individual hurt in an accident and $50,000 for all people injured in a vehicle accident. Uninsured motorist coverage covers bodily injury and property damage under some policies. Uninsured motorist policies can help when the at-fault driver lacks the coverage required under Ohio law. However, UM/UIM coverage does not always cover the full extent of damages a driver and their passengers might suffer from the crash.
Is Ohio a No-Fault Insurance State?
Ohio is not a no-fault insurance state. Instead, it is an at-fault – or “tort” – state. Under Ohio law, the driver responsible for the crash is also responsible for the damages caused in the accident. However, Ohio follows a modified comparative negligence standard that reduces the amount a plaintiff can recover based on their share of responsibility. As long as the victim’s share of liability is not greater than 50%, they can pursue a claim for damages.
Ohio requires drivers to carry the following minimum amounts of vehicle insurance coverage:
- $25,000 bodily injury coverage (per person, per accident)
- $50,000 total bodily injury coverage per accident
- $25,000 property damage coverage per accident.
Since Ohio is an at-fault state for vehicle claims, injured drivers must file a claim against the responsible driver’s insurance provider or sue the driver directly. An experienced uninsured driver accident lawyer can help.
Steps to Take After a Car Accident With an Uninsured Driver In Ohio
After a car accident with an uninsured driver or underinsured driver, take the following steps:
- Remain calm: Do not admit any level of fault, even if you think you shared some blame.
- Collect evidence: If you are able to, take photos and video of the crash scene and damages. Take note of important details and get the names of eyewitnesses when you can. If law enforcement arrives to investigate, cooperate with them. Their police report can become a valuable part of your personal injury claim. Remember that any accident causing property damage of over $1,000 must be reported to the police in Ohio.
- Seek immediate medical help: Even if you think your injuries are minor, get medical attention as soon as you can. Medical records create a roadmap of your injuries stemming from the accident and will be used by your car accident lawyer in a personal injury claim.
- Contact the at-fault driver’s insurance provider: If the other driver carried any form of vehicle insurance, get their information. If their coverage is not enough to cover your injuries and vehicle damage, your UM/UIM coverage could pay for the rest of the balance. If your damages exceed what insurance will cover, you can pursue a personal injury lawsuit.
Once you have taken the above steps, you should seriously consider seeking legal help.
Filing a Lawsuit Against an Uninsured Driver In Ohio
After a serious car accident, total damages can easily exceed the minimum coverage policies in Ohio. For example, an injured victim might suffer emotional distress, lost future earnings, future medical treatment, and other losses beyond their immediate injuries and property damage. To collect these damages, a lawsuit is often necessary.
To prove negligence after an Ohio car accident, plaintiffs must establish the following elements:
- Duty of care: Ohio drivers have duties of care, such as driving safely and following traffic laws.
- Breach of duty: If the other driver failed to follow their duty of care in a situation, a breach of duty could be shown.
- Causation: There needs to be a chain of causation between the breach of duty and the victim’s injuries.
- Damages: Actual damages can include medical expenses, vehicle damage, and other losses.
An experienced Columbus car accident lawyer will help you prove negligence and collect damages in an Ohio personal injury claim.
Consult a Columbus, Ohio, Car Accident Attorney if an Uninsured Driver Injured You
You have important legal options after a car accident caused by an uninsured or underinsured driver in Columbus, OH. Our Columbus car accident lawyers at Mani Ellis & Layne Accident & Injury Lawyers will guide you through the process and make sure you can collect the financial compensation you need. To learn more, contact us today to schedule a free consultation.
