Toledo Uninsured Motorist Lawyer
When the driver who caused a crash has no insurance, or too little, an Ohio injury victim may have to look to their own auto policy for compensation.
That claim runs against your own insurer, which may dispute fault, the extent of your injuries, or whether the policy applies.
Johnson & Associates, LLC has represented injury victims across northwest Ohio since 1998, and we can review your policy to determine whether uninsured or underinsured motorist coverage applies to your crash. Contact us today to schedule a free consultation.
Uninsured motorist (UM) coverage may apply when an at-fault driver has no liability insurance or in certain hit-and-run crashes.
Underinsured motorist (UIM) coverage may apply when the at-fault driver’s liability limits are lower than the UIM limits on your own policy. In that case, your UIM limits are reduced by the amount available from the at-fault driver’s insurer. In an underinsured motorist case, you may also have a personal injury claim against the at-fault driver, so it helps to look at both claims together.
Ohio law does not require drivers to purchase UM or UIM coverage, and under Ohio Revised Code Section 3937.18, insurers are not required to include it in a policy. Whether you can recover through your own insurer depends on your policy terms and the circumstances of the collision.
Available compensation, up to your policy limits, may include:
A hit-and-run claim generally needs independent corroborative evidence that the unidentified driver caused your injuries, and your own testimony is not enough unless other evidence supports it.
We can review the police report, witness statements, and physical evidence to determine whether your claim can meet that standard and whether your policy covers the crash.
A UM or UIM claim arises from your own insurance policy, so it generally falls under the six-year limit for written-contract claims in Ohio Revised Code Section 2305.06. Your policy can set a shorter time. Under Section 3937.18(H), a policy may require that a UM or UIM claim or suit be brought within three years of the accident.
Your policy may also require prompt notice of the collision, cooperation with the insurer, or compliance with other claim procedures. Missing a contractual requirement can jeopardize recovery.
A Toledo uninsured motorist lawyer can read your policy, identify which deadline applies to your claim, and calendar the dates you need to meet.
Under Ohio Revised Code Section 3937.18(D), you must prove the same elements you would need to recover from the at-fault driver, including fault and the extent of your losses. Your insurer may challenge how the collision happened, whether another driver was responsible, or how seriously you were injured. If an insurer unreasonably delays or denies a valid claim, that may raise a separate insurance bad faith issue.
Our team works with 3D accident reconstruction specialists and former Toledo Police Department and Ohio Highway Patrol officers to investigate collisions and develop supporting evidence. We examine the available records, assess your losses, and evaluate the insurance provisions that may apply.
Yes. Johnson & Associates, LLC offers free consultations. We can review your policy and the circumstances of the collision so you know what coverage may apply before you decide how to proceed.
Generally, no. An insurer cannot raise the cost of a private passenger auto policy because of an accident with an uninsured or underinsured driver. That protection applies if your actions did not contribute to the accident and you have no conviction or plea for a violation arising from it.
The answer depends on the amount in dispute. Toledo Municipal Court hears civil claims of $15,000 or less, while larger claims generally go to the Lucas County Court of Common Pleas. We confirm the proper court before filing.
Coverage in a UM or UIM claim turns on the policy language, the evidence of fault, and the deadlines that apply.
Johnson & Associates, LLC can review each one, explain which benefits may be available, and help you evaluate your next steps.
Contact our Toledo uninsured motorist lawyers to schedule a free consultation and confirm which deadlines apply to your claim.
Talk with a member of our team about your situation today. They can explain your options and next steps. There
will be no fee unless you win.
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