Ohio's Uninsured Motorist Problem
Despite Ohio's mandatory insurance requirements, studies estimate that roughly one in eight Ohio drivers lacks adequate coverage. When an uninsured driver causes a serious accident, victims may find there is no liability policy to cover their losses.
Underinsured motorist situations are equally problematic. Ohio's minimum liability limits — $25,000 per person and $50,000 per accident — are far too low to cover the cost of serious injuries like spinal cord damage or traumatic brain injuries. Even drivers who carry insurance may lack coverage sufficient to compensate you fully.
Uninsured motorist risks on Ohio roadways
UM/UIM Coverage in Ohio
Uninsured motorist (UM) and underinsured motorist (UIM) coverage allows you to make a claim against your own insurance policy when the at-fault driver cannot cover your damages. Ohio law requires insurers to offer UM/UIM coverage, though policyholders may reject it in writing.
Filing a UM/UIM claim is different from filing against another driver's insurer. You are dealing with your own insurance company, which has a financial incentive to minimize your payout. Many victims are surprised to find their own insurer aggressively contesting their claim.
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Why You Need an Attorney for UM/UIM Claims
Insurance companies that owe UM/UIM benefits often use the same tactics against their own policyholders that they use against opposing claimants — disputing medical necessity, questioning injury severity, and making lowball settlement offers.
Babin Law has extensive experience negotiating and litigating UM/UIM claims against major Ohio insurers. We protect your rights under your own policy and fight for the full value of your claim. If you were injured by an uninsured or underinsured driver, contact us to discuss your coverage options.
What to Do When Hit by an Uninsured or Underinsured Driver in Ohio
Discovering that the driver who hit you has no insurance — or not enough — is alarming. But Ohio law provides a path to compensation through your own policy. Taking the right steps protects your UM/UIM claim.
Call 911 and Get a Police Report
The police report documents the at-fault driver's identity, insurance status (or lack thereof), and the circumstances of the accident. If the driver is uninsured, officers will note this. If the driver fled (hit-and-run), the report creates an official record of the incident — essential for filing a UM claim with your own insurer.
Collect the Other Driver's Information
Even if the other driver claims to have no insurance, collect their name, address, phone number, driver's license number, and vehicle information. If they have insurance, get the policy details — their coverage may simply be insufficient for your injuries (underinsured). This information allows your attorney to verify the actual coverage available.
Review Your Own Auto Insurance Policy
Check your auto insurance policy for uninsured motorist (UM) and underinsured motorist (UIM) coverage. Ohio law requires insurers to offer UM/UIM coverage, though you may have rejected it in writing. Your UM/UIM limits determine the maximum you can recover from your own policy. If you carry stacked coverage on multiple vehicles, even higher limits may be available.
Notify Your Insurance Company of the Claim
Report the accident to your own auto insurer and inform them you will be filing a UM or UIM claim. Most policies require timely notification. However, provide only basic facts — date, location, the other driver's lack of insurance. Do not give a recorded statement or accept any offer without consulting your attorney. Remember: your insurer has a financial interest in minimizing your claim.
Seek Medical Treatment and Document Everything
Your medical records are the primary evidence of your injuries in a UM/UIM claim — just as they would be in any car accident case. Get treated promptly, follow all treatment recommendations, and keep records of every appointment, prescription, and therapy session. Gaps in treatment give your own insurer ammunition to dispute the severity of your injuries.
Contact an Attorney Experienced in UM/UIM Claims
UM/UIM claims are filed against your own insurance company, which will defend the claim as aggressively as any opposing insurer. Many policyholders are shocked at how adversarial their own insurer becomes. An experienced attorney understands Ohio UM/UIM law, policy interpretation, and the arbitration process that many policies require. Babin Law handles UM/UIM claims throughout Ohio.
What Is Your Uninsured/Underinsured Motorist Case Worth?
UM/UIM case values are determined by the same factors as any car accident claim — injury severity, medical costs, and lost wages — but recovery is ultimately limited by your own policy's coverage limits.
Your UM/UIM Policy Limits
The maximum recovery from a UM/UIM claim is your policy's coverage limit. Ohio's minimum UM/UIM limits mirror the state's minimum liability requirements ($25,000 per person, $50,000 per accident), but many policyholders carry higher limits — $100,000, $250,000, or $500,000 per person. If you have multiple vehicles on your policy and stacking is permitted, your effective coverage may be higher.
Severity of Your Injuries
Serious injuries — traumatic brain injury, spinal cord damage, multiple fractures, internal organ damage — produce higher claim values. The more severe and permanent your injuries, the more your case is worth up to your policy limits. Minor soft-tissue injuries typically settle for less, even under UM/UIM coverage.
Medical Expenses and Future Treatment Needs
All accident-related medical costs are compensable: emergency care, hospitalization, surgery, physical therapy, medication, and projected future medical expenses. Documenting both past and anticipated future medical costs is essential for maximizing your UM/UIM recovery. A medical expert's projection of future treatment needs strengthens your position during negotiations or arbitration.
Lost Wages and Diminished Earning Capacity
Income lost during your recovery and any permanent reduction in your ability to earn are recoverable under UM/UIM coverage. If your injuries prevent you from returning to your pre-accident occupation or reduce your future earning potential, vocational experts can quantify these losses for your claim.
The At-Fault Driver's Available Coverage (UIM Cases)
In underinsured motorist cases, you first collect the at-fault driver's liability limit, then make a UIM claim for the difference between their coverage and your damages (up to your UIM limit). For example, if the at-fault driver carries Ohio's minimum $25,000 and your damages total $150,000, your UIM coverage bridges the gap up to your policy limit.
Ohio requires insurers to offer UM/UIM coverage, but policyholders can reject it in writing. If you were not offered UM/UIM coverage, or if your rejection was not properly documented, your policy may include UM/UIM coverage by default under Ohio case law.
Babin Law reviews your insurance policy, identifies all available UM/UIM coverage, and fights your own insurer to recover the full value of your claim. Contact us for a free policy review and case evaluation.
Frequently Asked Questions About Uninsured/Underinsured
Get answers to the questions our Columbus attorneys hear most from clients in uninsured/underinsured cases.
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