Disclaimer: This article is for informational purposes and does not constitute legal advice.
Detailed Answer
Under Ohio law, every driver must maintain minimum liability coverage under Ohio Rev. Code § 4509.10. If the at-fault driver had no active insurance on the date of loss, you still have several avenues to seek compensation:
- Uninsured/Underinsured Motorist (UM/UIM) Coverage. If your policy includes UM/UIM coverage, you can file a claim against your own insurer. Ohio requires insurers to offer this coverage under Ohio Rev. Code § 3937.18. It covers bodily injury and property damage up to your policy limits.
- Civil Lawsuit Against the Driver. You can sue the at-fault driver for negligence in civil court. A successful judgment allows you to pursue collection through wage garnishment, bank account levies, or placing liens on property. Be aware that actual recovery depends on the driver’s financial resources.
- Ohio Victims of Crime Compensation Program. If the accident involves a hit-and-run or other criminal conduct, you may apply for benefits through the Ohio Attorney General’s Victims of Crime Program. See Ohio Attorney General Victim Services for eligibility and application procedures.
- Assigned Risk Pool (Future Coverage). While this option won’t cover an accident retroactively, Ohio’s Automobile Insurance Plan under Ohio Rev. Code § 4509.51 ensures high-risk drivers obtain coverage moving forward, reducing the chance of another uninsured incident.
After you file a claim or obtain a judgment, maintain thorough documentation of medical bills, repair invoices, and other damages. Consulting with a qualified personal injury attorney can help you evaluate your case value, navigate collection efforts, and maximize recovery.
Helpful Hints
- Review your own insurance policy immediately to confirm UM/UIM limits and any deductibles.
- File claims and lawsuits promptly: Ohio’s statute of limitations for personal injury is generally two years (Ohio Rev. Code § 2305.10).
- Gather and preserve evidence such as accident-scene photos, witness contact information, and repair estimates.
- Consider a free consultation with a personal injury attorney to assess both your claim’s strength and the likelihood of collecting from the at-fault driver.
- Keep detailed records of all medical treatments, therapy sessions, and related expenses.