By: Jonathan Ashton, Partner
Gallon, Takacs & Boissoneault
Serving Clients Across Northwest Ohio, Southeast Michigan, and Northeast Indiana
If you were hit by an uninsured driver in Ohio, you may still be able to recover compensation through your own auto insurance policy, uninsured motorist coverage, medical payments coverage, health insurance, or another available source of coverage.
The biggest mistake people make after this kind of crash is assuming there is no way to recover financially because the at-fault driver did not have insurance.
That assumption is understandable. It is also, in many cases, wrong.
Uninsured driver cases require a careful investigation. The other driver may truly have no insurance. But sometimes coverage exists through another policy, a household member, an employer vehicle, an umbrella policy, or a policy that was not obvious at the scene. In other cases, the injured person’s own uninsured motorist coverage may become one of the most important parts of the claim.
“People are often surprised to learn that their own insurance coverage may become very important after a crash caused by an uninsured driver. That is why we want to see the policy, the declarations page, the police report, and the medical documentation before anyone assumes they have no options.” – Jonathan M. Ashton, Partner, Gallon, Takacs & Boissoneault Co., L.P.A.
What Should You Do After Being Hit by an Uninsured Driver in Ohio?
You may not know at the scene whether the other driver truly has no insurance. Drivers sometimes say they do not have coverage when they actually do. A policy may have lapsed. Someone else may own the vehicle. The driver may have been working at the time of the crash. An insurer may also deny coverage later after reviewing the claim.
That is why you should not assume the worst right away. Start by documenting everything and reviewing every possible source of recovery.
At the scene, take the same steps you would take after any serious crash:
- Call the police and make sure they file a report.
- Get medical attention, even if your injuries seem minor at first.
- Photograph the vehicles, the crash scene, and any visible injuries.
- Collect the other driver’s name, address, license plate information, and any insurance information they provide.
- Get names and contact information for witnesses.
- Look for nearby businesses, homes, intersections, or traffic cameras that may have captured the crash.
The police report plays an important role in an uninsured driver case. It may identify the other driver, document statements made at the scene, note citations, preserve witness observations, and record early facts that may matter later.
Learn more about what to do after a car accident and your legal rights.
What Is Uninsured Motorist Coverage?
Uninsured motorist coverage — commonly called UM coverage — is insurance you purchase through your own auto policy. It helps protect you when the person who caused the crash has no liability insurance.
If the at-fault driver cannot pay for the harm they caused, your UM coverage may provide compensation up to your policy limits.
Underinsured motorist coverage — often called UIM coverage — works in a similar way. It may apply when the at-fault driver has insurance, but their coverage is not enough to fully compensate you for your injuries and losses.
Ohio requires drivers to carry minimum liability coverage limits of:
- $25,000 for injury or death of one person
- $50,000 for injury or death of two or more people
- $25,000 for property damage
Serious injury cases can exceed those limits quickly. Medical bills, lost wages, future treatment, pain and suffering, and long-term limitations can add up long before a claim resolves. That is why UM and UIM coverage can become so important after an Ohio car accident.
Ohio insurers generally must offer UM/UIM coverage when they issue auto policies, but policyholders can reject it. As a result, not every Ohio driver has this protection.
Do not assume your policy includes it. Review your declarations page — the summary of your coverages and limits — and look specifically for uninsured and underinsured motorist coverage. If anything is unclear, have the policy reviewed carefully.
Does Ohio Require Uninsured Motorist Coverage?
Ohio does not require every auto policy to include uninsured motorist coverage. Ohio law allows UM/UIM coverage in an auto policy, but drivers do not automatically receive it with every policy.
That means two Ohio drivers can both carry auto insurance, while only one has UM/UIM protection.
This is why the actual policy matters. You may have liability coverage, collision coverage, comprehensive coverage, MedPay, or rental coverage and still not have uninsured motorist coverage. You may also have UM/UIM coverage with limits lower than you expected.
If you were injured in a crash and the other driver has no insurance, review the declarations page and full policy as soon as possible.
Will My Insurance Rates Go Up if I Use UM Coverage?
In Ohio, your insurance company generally cannot raise the cost of a private passenger auto policy based on one accident during the policy period if you were not at fault and you were not convicted of, or did not plead guilty or no contest to, a violation connected to the accident.
This is one of the first concerns people have when they learn their own policy may apply.
That concern makes sense. Most people do not want to file a claim with their own insurance company after someone else caused the crash. But you paid for UM coverage. It exists for this exact situation.
Insurance companies may consider multiple factors when making underwriting decisions, so you should still pay attention to how your insurer handles the claim and what happens at renewal. But fear of a possible rate issue should not make you walk away from a legitimate claim before you understand your rights.
“I tell clients: you paid a separate premium for this coverage. If your insurer finds a reason to increase your rates after you use it, that may be a good reason to find a different insurer. Don’t leave a legitimate claim uncompensated because you are worried about a rate increase.” – Jonathan M. Ashton, Partner, Gallon, Takacs & Boissoneault Co., L.P.A.
The important point is this: you paid for this coverage, so it is there when you need it.
Why Your Own Insurance Company May Not Automatically Be on Your Side
When you file an uninsured motorist claim, you file it with your own insurance company. But that does not mean your insurer will make the process simple, friendly, or automatic.
A UM claim is still an insurance claim. Your insurer may investigate fault, question whether the crash caused your injuries, review your medical treatment, dispute the value of the claim, or argue about what the policy covers.
In Ohio, uninsured motorist coverage can put your own insurer in a position similar to the at-fault driver’s insurance company. That surprises many people. They expect their insurance company to simply pay the claim because they have been loyal customers and paid their premiums.
“I tell people that since UM coverage steps into the shoes of the at-fault driver, the relationship is adversarial even though it’s their own company. People are often frustrated that their own insurer fights so hard against them.” – Jonathan M. Ashton, Partner, Gallon, Takacs & Boissoneault Co., L.P.A.
This creates real practical issues.
Be careful before giving a recorded statement. Make sure you understand what the insurance company is asking and how your answers may affect your claim. Do not sign releases or settlement documents without knowing exactly what rights you may give up. And do not assume the process will be straightforward simply because you are dealing with your own insurer.
Learn more about dealing with insurance companies after a crash.
Who Pays Medical Bills After a Crash With an Uninsured Driver?
After a crash with an uninsured driver, several sources may help pay medical bills, including MedPay, health insurance, uninsured motorist coverage, or another available policy. The right answer depends on the facts of the crash and the coverage available.
Medical bills often create one of the most stressful parts of an uninsured driver case. They can start arriving long before the injury claim resolves.
That is why you need to review every possible source of coverage early.
Medical Payments Coverage
Medical Payments Coverage, often called MedPay, is optional auto insurance coverage that can help pay accident-related medical expenses regardless of who caused the crash.
If your policy includes MedPay, you may use it to help cover medical bills while the insurance companies review liability, coverage, and injury issues.
Health Insurance
Health insurance may help pay for treatment, depending on your deductible, co-pays, co-insurance, and plan rules. However, your health insurance company may later claim a right to reimbursement or subrogation.
That means the health insurance company may seek repayment from any settlement or recovery connected to the crash. Before resolving the injury claim, you need to account for those repayment issues carefully.
Uninsured Motorist Coverage
UM coverage may help compensate you for medical expenses, lost wages, pain and suffering, future treatment, permanent injury, and other damages, up to the available policy limits.
Other Potential Coverage
Depending on the crash, other possible sources may include household auto policies, umbrella policies, employer-related coverage, family-member policies, or coverage connected to the vehicle involved.
“One of the most confusing parts of an uninsured driver case is that the injured person may still have bills arriving while the claim is being investigated. Part of our job is helping identify what coverage exists and making sure those bills are handled correctly.” – Jonathan M. Ashton, Partner, Gallon, Takacs & Boissoneault Co., L.P.A.
Learn more about who pays medical bills after a car accident.
What About Vehicle Damage?
If the uninsured driver damaged or totaled your vehicle, your own policy may determine how the repair or replacement gets handled.
Injury claims and property damage claims are separate, but they often happen at the same time. That can create a lot of stress, especially when you are hurt, missing work, and suddenly without reliable transportation.
Property damage issues may involve:
- Collision coverage under your own policy
- Deductibles
- Rental reimbursement coverage
- Vehicle valuation disputes
- Storage fees
- Total loss offers
- Subrogation claims by your insurer against the at-fault driver
Some people assume they have no way to repair or replace their vehicle if the other driver has no insurance. In reality, your own policy often determines what options you have.
That is another reason to review the declarations page and full policy before relying on assumptions about what coverage applies.
Can You Sue an Uninsured Driver in Ohio?
Yes, you can sue an uninsured driver in Ohio. The harder question is whether that lawsuit will actually lead to financial recovery.
A lawsuit may give you a judgment that says the at-fault driver owes compensation. But winning a judgment and collecting money are two very different things.
If the at-fault driver has no insurance and limited assets, you may have a difficult time collecting from that person directly. That is why the insurance investigation matters so much. In many uninsured driver cases, the most practical recovery may come from UM coverage or another available insurance source rather than from the uninsured driver personally.
That does not mean lawsuits never make sense. The driver may have assets, business interests, employer-related coverage, or another source of recovery. In some cases, filing suit may also help protect your rights while insurance issues remain under review.
An attorney can help determine whether a lawsuit makes sense as part of the recovery strategy or whether the case should focus on available insurance coverage.
Why Uninsured Driver Claims Are Often More Complicated Than People Expect
Uninsured driver claims are often complicated because they involve two separate investigations: the crash investigation and the insurance coverage investigation.
First, the injured person must prove what happened. That includes fault, injuries, medical treatment, lost income, pain and suffering, and damages.
Second, every possible source of recovery must be reviewed. That may include uninsured motorist coverage, underinsured motorist coverage, household policies, umbrella coverage, employer-related coverage, MedPay, health insurance, and other potentially applicable insurance.
“An uninsured driver crash creates two problems at once: the injury claim itself and the question of where recovery may come from. Both need to be handled carefully.” – Jonathan M. Ashton, Partner, Gallon, Takacs & Boissoneault Co., L.P.A.
Policy language matters. Notice requirements matter. Deadlines matter. Early evidence matters.
That is why these cases are often more complex than people expect when they first leave the scene.
What If the Driver Left the Scene?
If the driver left the scene, uninsured motorist coverage may still apply depending on the policy language and the evidence available.
That makes early investigation critical.
Evidence may include:
- Vehicle damage patterns
- Witness statements
- Surveillance footage
- Traffic or business cameras
- Physical evidence at the scene
- Medical documentation
- Police findings
- Photos or videos from nearby drivers
Calling the police immediately is important. Surveillance footage may be overwritten quickly. Witness memories fade. Physical evidence disappears. The longer you wait, the harder it may be to prove what happened.
Many policies also include strict notice requirements for hit-and-run or uninsured motorist claims. Missing deadlines or failing to follow policy procedures can affect coverage.
Early investigation can make a significant difference.
What Compensation May Be Available After an Uninsured Driver Crash?
The value of an uninsured motorist claim depends on the injuries, available coverage, policy limits, and facts of the crash.
Potential compensation may include:
- Past medical expenses
- Future medical treatment
- Lost wages
- Reduced earning capacity
- Pain and suffering
- Permanent injury
- Disability or long-term limitations
- Out-of-pocket expenses
- Other accident-related losses
“The value of an uninsured motorist claim is not just about the bills someone has today. We also have to look at the injury, the treatment, the long-term impact, lost income, and whether the available coverage is enough to address the harm.” – Jonathan M. Ashton, Partner, Gallon, Takacs & Boissoneault Co., L.P.A.
One important caution applies in every uninsured driver case: do not settle too early.
The full impact of an injury may not be known in the days or weeks after a crash. If you settle before you understand the medical picture, future treatment needs, work limitations, or permanent effects, you may give up the right to seek additional compensation later.
When Should You Call a Lawyer?
You should consider calling a personal injury lawyer after being hit by an uninsured driver if you were injured, received medical treatment, missed work, have ongoing symptoms, are unsure what insurance applies, or have been asked to sign documents.
You should also get legal guidance if:
- The driver left the scene.
- Liability is disputed.
- Your own insurer wants a recorded statement.
- Medical bills are arriving.
- You are unsure whether you have UM/UIM coverage.
- Your vehicle was totaled and the property damage offer seems too low.
- You received a denial letter.
- You are being pressured to settle.
- You do not know whether health insurance, MedPay, or UM coverage should pay first.
The earlier the insurance coverage and evidence are reviewed, the easier it may be to protect the claim.
Waiting too long can create problems with evidence, deadlines, medical documentation, and insurance notice requirements.
Frequently Asked Questions
What happens if I am hit by an uninsured driver in Ohio?
If you are hit by an uninsured driver in Ohio, you may still have options through your own insurance policy, including uninsured motorist coverage, MedPay, health insurance, or another available source of coverage. You should report the crash, seek medical care, notify your insurer, and review your policy.
Who pays my medical bills if the at-fault driver has no insurance?
Medical bills may be paid through MedPay, health insurance, uninsured motorist coverage, or another available policy depending on your coverage and the facts of the crash. These issues should be reviewed carefully because reimbursement or subrogation claims may also apply later.
Will my insurance rates go up if I use uninsured motorist coverage?
Ohio law generally protects insured drivers from a premium increase based on one accident during the policy period when the insured was not at fault and did not violate the law in connection with the accident. Insurance renewal decisions can involve multiple factors, so concerns should be reviewed carefully.
Is my own insurance company on my side in a UM claim?
Not necessarily. Even though UM coverage comes from your own policy, your insurance company may still investigate, dispute, or challenge the claim. A UM claim can become adversarial because the insurer may evaluate fault, injuries, treatment, damages, and policy limits.
Can I sue an uninsured driver in Ohio?
Yes, you can sue an uninsured driver in Ohio. However, collecting money may be difficult if the driver has limited assets or no insurance. That is why it is important to review all possible insurance coverage before assuming a lawsuit is the best or only option.
Does uninsured motorist coverage apply to hit-and-run accidents?
Uninsured motorist coverage may apply to a hit-and-run accident depending on the policy language and available evidence. These claims often require quick investigation because witness information, surveillance footage, and physical evidence can disappear quickly.
What is the difference between uninsured and underinsured motorist coverage?
Uninsured motorist coverage may apply when the at-fault driver has no liability insurance. Underinsured motorist coverage may apply when the at-fault driver has insurance, but the available limits are not enough to fully compensate the injured person.
When should I call a lawyer after being hit by an uninsured driver?
You should call a lawyer if you were injured, received medical care, missed work, have ongoing symptoms, are unsure what insurance applies, or are being asked to give a recorded statement or sign documents. Early review can help protect evidence, deadlines, and coverage rights.
Hit by an Uninsured Driver in Ohio? Call Us. We Can Help.
If you were hit by an uninsured driver in Ohio, do not assume there is no way to recover compensation. These cases often come down to the details: what insurance coverage exists, what the policy language says, how the crash was documented, what medical evidence shows, and whether important deadlines or notice requirements apply.
At Gallon, Takacs & Boissoneault Co., L.P.A., our personal injury attorneys help injured people sort through the confusion that follows serious car accidents, including crashes involving uninsured drivers, underinsured drivers, and hit-and-run accidents. We review the available insurance coverage, evaluate the facts of the crash, and help you understand what options may be available.
The sooner the coverage and evidence are reviewed, the better. Medical bills, insurance paperwork, recorded statement requests, vehicle damage issues, and missed work can pile up quickly after a crash. You should not have to guess what your own insurance policy covers or whether the uninsured driver’s lack of coverage leaves you without options.
If you were injured in a crash with an uninsured driver, call Gallon, Takacs & Boissoneault today.
Call us. We can help.
419-843-6663
Serving Clients Across Northwest Ohio, Southeast Michigan, and Northeast Indiana.
There are no upfront attorney fees. You do not pay attorney fees unless we recover compensation for you.
Jonathan Ashton, Partner and Personal Injury Attorney, began his law career at GT&B in 2007 as a law clerk. He was hired as an associate immediately after passing the Ohio Bar in 2008. Jonathan practices in Personal Injury, representing clients who have been injured and need justice and compensation for them to move forward in their lives.
