At Jones Kahan Law, LLC, our Cincinnati personal injury lawyers have helped many Ohio residents file successful underinsured and uninsured driver claims. Although state law requires drivers to carry minimum amounts of car insurance, many drivers continue to drive while uninsured or underinsured.
According to a report conducted by the Insurance Journal, approximately 12.4 percent of Ohio drivers are uninsured. Uninsured and underinsured motorists can cause car accidents that result in serious personal injuries. If you’ve suffered an injury in an Ohio car accident with an underinsured or uninsured driver, we can help. Contact our car accident attorney today to schedule your initial consultation.
Ohio Residents Must Carry Minimum Amounts of Car Insurance
Anyone driving a motor vehicle in the state of Ohio must have proof of financial responsibility or proof of car insurance. All drivers who do not have evidence that they are financially responsible for damages caused by car accidents must carry the following minimum amounts of car insurance:
- A minimum of $25,000 per person in bodily injury liability coverage
- A minimum of $50,000 in bodily injury coverage for all persons injured in a car accident
- A minimum of $25,000 in property damage liability coverage per accident
When a serious car accident happens, and severe injuries result, the minimum required amounts of car insurance often do not cover the costs of the accident. When serious injuries occur, damages can be incredibly expensive. According to the Christopher Reeve Foundation, the estimated lifetime costs of caring for an individual with a severe spinal cord injury and paralysis are approximately $2.5 million for a 50-year-old.
Filing an Underinsured/Uninsured Motorist Claim
When the at-fault driver’s insurance does not cover the costs of the injured party, the injured party may be able to bring a personal injury lawsuit. Unfortunately, many drivers are indigent, or unable to personally pay for the expenses caused by a motor vehicle accident. When this is the case, the injured individual may need to file an underinsured or uninsured motorist claim with his or her own insurance company. Many of our clients find this process frustrating and rightly so. It does not seem right that the victim of a car accident should need to use his or her insurance to pay the claim. Nonetheless, in some cases, the victim’s best option for seeking compensation is to file an underinsured/uninsured motorist claim with his or her own insurance company. When the at-fault driver’s insurance does not cover the cost of the damages, the injured party can file an uninsured or underinsured motorist claim to make up the difference.
Recovering Compensation in an Accident with an Uninsured/Underinsured Ohio Driver
If you’ve suffered an injury in an accident caused by an at-fault motorist, our lawyers can help you fight for the most considerable amount of compensation total. Your underinsured motorist insurance should cover your costs that remain unpaid. For example, let’s say you have $85,000 in damages related to the motor vehicle accident. You have purchased $75,000 in uninsured motorist coverage, and the underinsured driver has purchased $50,00 in liability coverage. You may be able to recover $25,000 in uninsured motorist compensation from your insurance policy to cover the difference.
Sometimes auto insurance companies offer too little in terms of compensation. Our Cincinnati uninsured motorist attorneys fight to hold insurance companies accountable. We have the experience and skills necessary to negotiate assertively with auto insurance companies on your behalf. When insurance companies act in bad faith and refuse to pay out underinsured/uninsured coverage, you may have a right to file a civil lawsuit to hold the insurance company accountable.
Ohio Uninsured Motorist Claims and Comparative Fault
When an injured individual files an uninsured motorist claim, the insurance company launches its separate investigation into the motor vehicle accident. Insurance investigations focus on which driver or drivers caused the motor vehicle accident. Ohio’s comparative fault law allows insurance companies the right to deny or reduce an injured person’s total compensation according to his or her fault.
When an injured person is 50 percent or more at fault for a motor vehicle accident, an insurance company can refuse to pay out damages altogether. If the individual is less than 50 percent at fault, the insurance company can reduce the payout by the percentage of fault. For example, if the injured party was 10 percent at fault and would typically receive an award of $50,000 in damages, the insurance company can reduce the compensation amount to $45,000.
Contact Our Uninsured or Underinsured Driver Accident Attorney
At Jones Kahan Law, LLC, our skilled lawyers conduct our investigation into our client’s accidents. We collect evidence that helps accurately determine who is at fault. When insurance companies try to claim that our clients have a higher percentage of fault than they do, we fight back assertively using evidence collected in our investigation. We work hard to ensure that our clients are not assigned more fault than they deserve.
If you’ve suffered an injury in an Ohio car accident caused by an uninsured or underinsured motorist, our law firm can help. We will defend your rights throughout the entire claims process. Working with an experienced legal team can positively impact your ability to secure a fair compensation package from your insurance company. Contact our Ohio law firm today to schedule your initial consultation.