What To Do If You Were Hurt in an OH/KY Car Accident with a UM/UIM Motorist Coverage Claim.
October 25th, 2023
Being involved in a car accident is stressful enough. That stress is magnified when the other driver did not have insurance or their insurance is insufficient to cover the full extent of your losses.
In Ohio and Kentucky, drivers are required to carry automobile insurance with a minimum coverage limit of $25,000 for each person injured and $50,000 for all people injured in one accident. Ohio drivers must have at least $25,000 in property damage insurance for one accident, while Kentucky drivers must have at least $10,000 in property damage insurance coverage per accident.
Nonetheless, more than 10% of drivers do not have even minimum insurance coverage. If you were injured in a car accident with an uninsured driver or a driver whose insurance was insufficient to cover the full extent of your losses, your Uninsured Underinsured Motorist Bodily Injury insurance policy may step in to provide coverage.
What Do You Do After an Accident with an Uninsured/Underinsured Driver?
If you were hurt in an accident, regardless of whether the driver had insurance, you should protect yourself and your right to compensation for your injuries and financial losses.
Check yourself and others for injuries.
If possible, move your vehicle to safety.
Contact the police and emergency medical personnel if necessary.
Exchange information with the other drivers and passengers, including their names, addresses, license plate numbers, and contact information. During this process, the other driver may tell you they are uninsured.
Take photographs of the accident scene, including the vehicles and their position on the road, road signs and traffic control devices, and weather conditions.
The driver who caused the crash is responsible for paying damages sustained by the other parties. However, most uninsured or underinsured drivers do not have sufficient assets to compensate you for your injuries and other losses. In these situations, you can seek coverage under your Uninsured / Underinsured Motorist Bodily Injury Coverage.
What Is Uninsured/Underinsured Motorist Coverage?
Uninsured / Underinsured Motorist Coverage (UM / UIM) is an optional insurance coverage that applies when you are injured in an automobile collision with a driver who does not have car insurance or whose insurance coverage is insufficient to cover the loss. When you purchase automobile insurance, you can choose to buy this additional insurance coverage. In Kentucky, drivers are required to purchase uninsured motorist coverage.
If you selected UM / UIM insurance, your insurance company will cover losses sustained in an accident with an uninsured or underinsured driver, up to the limits of your insurance policy.
UM / UIM insurance coverage applies in two situations: when the other driver did not have any automobile insurance, or when the other driver had insurance but it was insufficient to cover the full extent of your losses.
Uninsured Motorist Coverage
To seek coverage under your uninsured motorist insurance coverage (UM), you must first prove the other driver was uninsured. This is usually straightforward. Your lawyer can provide a copy of the police report showing the other driver did not provide proof of insurance. In situations where the other driver provided proof of insurance but the insurance coverage was not in effect, a letter from the insurance company indicating that the insurance policy was invalid is usually sufficient.
Once your lawyer has demonstrated the other driver was uninsured, we will submit evidence to establish the extent of your losses and work to resolve your claim.
Underinsured Motorist Coverage
Seeking compensation from an underinsured driver is slightly more complicated. Before submitting a claim to your insurance carrier, you must establish that your losses exceed the limits of the other driver’s insurance policy. It can take time to determine the full extent of your losses and that the other driver’s insurance was insufficient to cover the full extent of your claim.
Once you establish that the value of your claim exceeds the other driver’s insurance coverage limits, their insurance policy will pay the policy limits, and your lawyer can seek additional compensation through your underinsured motorist coverage (UIM).
Making an Uninsured/Underinsured Motorist Bodily Injury Claim
Making an Uninsured / Underinsured Motorist Bodily Injury claim is similar to making a claim with an insured driver.
Our office will contact your insurance company to advise that you are represented.
We will prepare and submit a settlement demand package that identifies the full extent of your losses, including past and future medical expenses, lost wages, pain and suffering, and other damages you are entitled to recover.
We will work to negotiate a full and fair settlement of your claim.
If we cannot resolve the claim to your satisfaction, we will file a lawsuit seeking compensation for your injuries.
Contact the Personal Injury Lawyers at RKPT for Help with Your Uninsured / Underinsured Motorist Coverage Bodily Injury Claim
Obtaining the compensation you deserve after a car accident can feel like an uphill battle. But the personal injury lawyers at RKPT can help. We know how to work with insurance companies to maximize your financial compensation after a car accident. We can prepare a settlement demand package that describes how your life was affected by the car accident. We will work to maximize your financial compensation after a car accident. If a fair resolution is not forthcoming, we have the resources, experience, and expertise to file a lawsuit to protect your rights and pursue the compensation you deserve.
To learn more, (513) 721-3330 or contact us today to schedule a free, confidential consultation to discuss your situation and how we can help. With offices in Cincinnati and Blue Ash, we help people throughout Ohio and Kentucky.
