Being involved in a car accident is stressful enough. Discovering that the at-fault driver has no insurance, or not enough insurance to cover your medical bills, can be devastating. In Ohio, Uninsured/Underinsured Motorist (UM/UIM) coverage is your safety net in these exact situations.
The Problem of Uninsured Drivers in Ohio
Despite Ohio law requiring all drivers to carry minimum liability insurance ($25,000 per person / $50,000 per accident), a significant percentage of drivers on the road are completely uninsured. Many more carry only the state minimums, which are quickly exhausted in a serious crash.
If you are hit by an uninsured driver and you do not have UM/UIM coverage, you may be left paying for your medical bills and vehicle repairs out of your own pocket.
What is UM/UIM Coverage?
Uninsured/Underinsured Motorist coverage is an optional addition to your own auto insurance policy. It steps in to act as the at-fault driver's insurance when they lack sufficient coverage.
- Uninsured Motorist (UM) Coverage: Applies when the at-fault driver has no insurance at all, or in the case of a hit-and-run accident where the driver cannot be identified.
- Underinsured Motorist (UIM) Coverage: Applies when the at-fault driver has insurance, but their policy limits are too low to fully compensate you for your injuries.
How UIM Coverage Works in Practice
Understanding how UIM coverage works can be confusing. It does not simply stack on top of the at-fault driver's policy. Instead, it acts as a cap on your total recovery.
For example, suppose you suffer $100,000 in damages. The at-fault driver has the state minimum $25,000 policy. You have a $100,000 UIM policy.
You will first collect the $25,000 from the at-fault driver's insurance. Then, you will turn to your own UIM policy. However, your UIM policy will not pay the full $100,000. It will pay the difference between your UIM limit ($100,000) and what you already received ($25,000). Your UIM policy will pay $75,000, bringing your total recovery to $100,000.
Filing a Claim Against Your Own Insurance Company
Many people are hesitant to file a UM/UIM claim because they fear their insurance premiums will increase. Under Ohio law, your insurance company cannot raise your rates simply because you filed a UM/UIM claim for an accident that was not your fault.
However, do not assume your insurance company will make the process easy. When you file a UM/UIM claim, your insurance company steps into the shoes of the at-fault driver. Their goal is still to minimize the payout. They will scrutinize your medical records, question the severity of your injuries, and attempt to settle the claim for as little as possible.
The Importance of Legal Representation
Handling a UM/UIM claim without an attorney is a mistake. The process involves complex contractual language, strict notification deadlines, and aggressive negotiation.
An experienced personal injury attorney will:
- Review your policy to determine exactly how much coverage is available.
- Ensure all required notices are sent to your insurance company within the specified deadlines.
- Gather all necessary medical records and evidence to prove the full value of your claim.
- Negotiate aggressively with your own insurance adjuster to secure a fair settlement.
- File a lawsuit against your insurance company if they refuse to negotiate in good faith.
Maximize Your UM/UIM Recovery
If you were hit by an uninsured or underinsured driver, you need an advocate who understands how to navigate complex insurance policies and fight for every dollar you are owed.
Contact Ryan Injury Attorneys today for a free consultation. We will review your policy, explain your options, and handle the entire claims process on your behalf.