Far too many drivers in Ohio either drive without automobile insurance coverage or only carry state minimum coverage. With the rising cost of medical care, there may not be enough insurance coverage available to cover all of the damages incurred when an individual is injured in a car accident.

To address this issue, Ohio insurance companies offer Uninsured / Underinsured Motorist Coverage (UM / UIM). When purchased, this optional insurance coverage protects injured individuals by providing insurance coverage when someone is injured in a car accident with an uninsured or underinsured driver. When the vehicle involved in the accident is listed on the insurance policy, this coverage applies to the named insureds on the policy and all passengers in the insured vehicle.

What Is Uninsured / Underinsured Motorist Coverage?

Ohio law requires that every driver carry liability insurance to cover personal injuries if they cause a car wreck that injures another individual. In Ohio, every driver must carry a minimum of $25,000 in insurance coverage per person injured in a single accident, $50,000 for all persons injured in a single event, and $25,000 in property liability coverage for a single incident. These coverage limits are commonly denoted as a 25/50/25 policy.

If you purchased UM / UIM insurance and were injured in a car accident that involved a driver who did not have insurance or who lacked sufficient coverage to pay for the full extent of your losses, your UM / UIM policy will provide insurance coverage up to the limits of your UM / UIM policy. The UM / UIM insurance operates like a backup insurance policy that applies when you are injured by an uninsured or underinsured driver. Unfortunately, recovering compensation under your UM / UIM insurance policy is not always straightforward. You will benefit from working with our experienced uninsured motorist accident lawyers.

When Does My UM/ UIM Insurance Coverage Apply?

Uninsured and underinsured motorist protection provides additional coverage in specific circumstances where the other driver was uninsured or did not have adequate insurance coverage to cover the full extent of your losses. For example, uninsured and underinsured motorist protection may apply when:

• The other driver fled the scene of the accident (hit and run)
• The at-fault driver did not have insurance
• The at-fault driver did not have adequate insurance to cover the full extent of your losses

To access the insurance provided under your UM / UIM policy, you must first prove the other driver was uninsured or underinsured. In situations where the other driver was uninsured, this is typically accomplished by providing your insurance company with a copy of the police report, which will indicate the other driver did not have automobile insurance. In situations where the other driver had insurance but it is insufficient to cover the full extent of your losses, you will first need to prove that your losses exceed the limits of the other driver’s insurance policy.

How Long Do I Have to File an Uninsured or Underinsured Motorist Claim?

Your uninsured and underinsured motorist protection is a contract between you and your insurance carrier. This contract is governed by a statute, which says the contract may include terms requiring that the claim be made within three years.

However, the statute of limitations for most Ohio personal injury claims is two years from the date of the accident. Therefore, even though your insurance company may tell you you have up to three years to file a UM / UIM claim, your insurance carrier could deny coverage if they are unable to seek reimbursement from the at-fault driver within the two-year statute of limitations period for personal injury claims. Therefore, our office recommends filing claims for UM / UIM benefits within two years from the date of the accident.

Do I Need an Attorney for an Uninsured or Underinsured Motorist Claim?

You are never required to hire an attorney for a personal injury claim. However, working with our experienced uninsured motorist accident lawyers will improve the likelihood of a successful outcome and is likely to increase the compensation you recover in your personal injury claim.

Pursuing compensation in an uninsured or underinsured motorist claim can be complicated. Our attorneys can help you prove the other driver was uninsured or that your damages exceed the limits of the other driver’s insurance coverage. When necessary, our team of uninsured motorist accident lawyers has the experience and resources to file a lawsuit in court to protect your rights and pursue full and fair compensation for your losses.

Contact Robenalt Law Today

Robenalt Law has offices in Cleveland and Columbus, and represents injured individuals in uninsured and underinsured motorist claims throughout Ohio and nationwide. Call our Cleveland office at (216) 223-7535 or our Columbus office at (614) 695-3800 or contact us online to schedule a free, confidential, no-obligation appointment to discuss your situation and how we can assist you.