Hit by an Uninsured Driver in Ohio? What Do You Do?

Serving Injury Victims in Summit County

What happens if I am in a car accident and the other driver has no insurance in Ohio?

If you are hit by an uninsured driver in Ohio, you must turn to your own auto insurance policy to cover your medical bills and vehicle damages through your Uninsured Motorist (UM) coverage.

Because Ohio operates on an "at-fault" insurance system, the driver who caused the crash is legally responsible for your losses. However, if that driver has broken the law by driving without insurance, you cannot collect from a non-existent policy.

Filing a claim under your own policy’s UM coverage allows you to recover compensation for your injuries up to your specific policy limits. If you do not carry Uninsured Motorist coverage, your options become severely limited, often requiring you to pay out of pocket or file a personal lawsuit against an individual who may not have any assets to pay you.


What is the difference between Uninsured and Underinsured motorist coverage?

Uninsured Motorist (UM) coverage protects you if the at-fault driver has zero insurance or flees the scene of a hit-and-run, while Underinsured Motorist (UIM) coverage applies when the at-fault driver has insurance, but their policy limits are too low to pay for your total damages.

Ohio law only requires drivers to carry a minimum of $25,000 in bodily injury liability coverage per person. If you suffer a severe injury—such as a fractured bone, spinal damage, or a traumatic brain injury—a single emergency room visit, surgery, and rehabilitation stint will easily exceed $25,000.

When the at-fault driver’s insurance is maxed out and falls short, your own Underinsured Motorist (UIM) coverage kicks in to pay the remaining balance of your medical bills and lost wages.


Will my auto insurance rates go up if I file an uninsured motorist claim in Ohio?

No, your auto insurance premiums should not increase for filing an uninsured motorist claim in Ohio if the accident was entirely the other driver's fault.

Many accident victims hesitate to use their own policy because they fear being penalized financially. However, Ohio insurance practices protect consumers in these scenarios. Uninsured Motorist coverage is a safety net that you have actively paid premiums for; utilizing it after a crash is your legal right.

You are simply collecting on an insurance product you bought to protect your family from reckless drivers. Your insurance company cannot legally punish you for a collision you did not cause.


"Why do I need a lawyer if I'm just dealing with my own insurance company?

You need a personal injury lawyer because even your own insurance company becomes your legal adversary when you file an uninsured motorist claim.

Once you file a UM/UIM claim, your insurance company's primary goal shifts from helping you to protecting their own bottom line. They will actively look for ways to undervalue your injuries, delay your payouts, or argue that the accident was partially your fault.

Adjusters handle these claims every day and use aggressive tactics to save their company money. Having an experienced car accident attorney handle the communication ensures that your insurer treats your claim seriously, evaluates your long-term medical needs accurately, and pays out the full compensation you paid premiums to secure.


What should I do next if I was hit by an uninsured driver in Ohio?

The most critical step you can take right now is to document everything, avoid giving a recorded statement to the insurance adjuster, and speak with a legal professional immediately.

Do not navigate this stressful process alone or risk making minor procedural errors that could jeopardize your payout. Let a proven legal advocate fight for your financial recovery while you focus entirely on healing.

Contact the Eshelman Legal Group Today for a Free Consultation

If you or a loved one were injured by a driver with little or no insurance in Akron, Canton, Cleveland, or Columbus, we are here to help. The Eshelman Legal Group has spent over 45 years relentlessly pursuing justice and maximizing settlements for injured Ohioans.

We work on a contingency fee basis, meaning you pay absolutely nothing out of pocket unless we win your case.

The above is not legal advice. That can only come from a qualified attorney who is familiar with all the facts and circumstances of a particular, specific case and the relevant law. See Terms of Use.

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