Driving in Ohio, like anywhere else, comes with its risks. One of the most concerning scenarios is being involved in an accident caused by an uninsured driver. Understanding your rights and the steps to take following such an event is crucial for any motorist. This article explores what happens if you’re hit by an uninsured driver in Ohio.
1. Assessing the Situation
After an accident, your first step is to ensure everyone involved is safe. If anyone is injured, call for medical help immediately. Next, document the accident by collecting any relevant information such as the other driver’s name, contact details, license plate number, and vehicle information. If there are witnesses, gather their contact information as well.
2. Contact Law Enforcement
Always notify local law enforcement about the accident, especially if the other driver is uninsured. A police report can be a vital piece of evidence should you need to pursue a claim against the other driver or file through your insurance.
3. Understand Ohio's Financial Responsibility Law
Ohio law requires drivers to carry certain amounts of auto insurance. However, approximately 12% of drivers in Ohio may be uninsured. If you are hit by one of these drivers, it can complicate your ability to recover damages for any injuries or vehicle damage you sustain. It’s important to know your own coverage and how it protects you in this situation.
4. Check Your Insurance Policy
Most auto insurance policies in Ohio include uninsured motorist coverage (UM). This coverage is essential as it provides protection if you are involved in an accident with an uninsured driver. Review your policy details to confirm if you have this coverage and what it entails.
5. Filing a Claim
If you have uninsured motorist coverage, you can file a claim with your own insurance company for damages and medical expenses. Even if the other driver doesn't have insurance, you may still be able to recover your costs through your own policy. Make sure to provide all necessary documentation, including the police report and any medical bills.
6. Legal Action
If your damages exceed the limits of your uninsured motorist coverage or if you do not have this coverage, you may need to consider legal action. You can sue the uninsured driver for damages; however, if they do not have insurance, they may also lack the financial means to pay for the damages awarded to you. Before proceeding with this option, consult with a personal injury attorney who specializes in auto accidents.
7. Consider Alternatives
Ohio is a "fair fault" state, meaning that fault for the accident will still need to be established. If the uninsured driver was at fault, you may have options for seeking compensation through their assets or income if you decide to pursue a lawsuit. It’s important to weigh the costs and potential outcomes before taking this route.
8. Avoiding Uninsured Motorists
To minimize the risk of encountering an uninsured driver, ensure you have comprehensive coverage and consider adding uninsured motorist coverage if you don’t already have it. Defensive driving, staying vigilant on the road, and avoiding distractions can also help reduce your chances of an accident.
Conclusion
Being hit by an uninsured driver in Ohio can be a stressful and complicated experience. Understanding your rights, the importance of insurance coverage, and the steps to take can significantly aid in navigating this challenging situation. Always have a plan in place and stay informed about your insurance options to protect yourself on the road.
