If you got into a car accident but don’t have car insurance, you can still get compensation in Ohio. As an at-fault state, Ohio allows uninsured drivers to seek compensation from another driver when that driver causes an accident.
As a personal injury victim, you could recover various damages, such as lost wages, medical bills, and pain and suffering. However, driving without auto insurance in the state is illegal, meaning you can also face penalties of your own. Contact us today to speak with a car accident lawyer about your options.
Proving Your Right to Compensation After an Auto Collision in Ohio
To establish the other driver’s fault and liability, you must prove four key elements:
- Duty of care: The other driver has an obligation to follow traffic laws and operate their vehicle with the safety of others in mind.
- Breach of duty: The other driver violated their duty to drive safely. This violation could be any form of negligent driving, such as texting while driving, speeding, intoxication, or not adjusting to weather and road conditions.
- Causation: Their decisions and actions caused the collision and your subsequent injuries. It is imperative that we can link the other driver’s actions to your injuries and losses.
- Damages: The accident has left you with hardships in the form of medical expenses, lost income, and pain and suffering, all of which can be sought for compensation.
These four elements make up the concept of negligence, but you will need evidence to prove each, including the injuries and other damages you have suffered. Evidence in these cases often includes the following:
- The police report will include important information, such as the name, contact and insurance information of the other driver, the officer’s assessment of the accident, whether any citations were issued, and the names and contact information of any witnesses.
- Your medical records will provide information regarding the severity of your injuries and your doctor’s treatment plan. We can also consult with them regarding your prognosis.
- Physical evidence can help tell us what happened and the results of the accident. They can include skid marks, debris, and road conditions.
- Photographs can show the conditions at the accident scene, any factors that could have contributed to the accident, your injuries, and damage to the vehicles and property.
- Videos can do much the same but show events before, during, and after the incident.
- Statements from eyewitnesses can help corroborate your statements and provide additional information from another perspective.
- Expert testimony, such as that given by an accident reconstruction specialist, can validate our assessments of your condition and losses.
Our car accident team can take over all aspects of your legal case against the liable party and their insurance company while you focus on getting the medical care your injuries require. Our personal injury lawyers will:
- Listen to your account of events during a free case consultation
- Investigate the accident scene
- Obtain a copy of your car accident police report and other documents
- Gather and examine any photographs and videos
- Speak with eyewitnesses
- Consult expert witnesses
- Help you build a strong case file to prove your right to financial recovery
- File all insurance claims and court documents by their deadlines
- Handle all communications between you, the insurers, their attorneys, and the other party
- Represent you in all case matters
- Answering any questions and addressing any concerns, keeping you updated throughout the legal process
Our accident attorneys also negotiate on your behalf for a favorable settlement. Plus, under our contingency fee agreement, you do not pay any attorney’s fees for our services unless we secure compensation for you. If we do not secure any settlement, you pay nothing.
Penalties for Uninsured Drivers in Ohio
Ohio requires all registered drivers to maintain a minimum amount of car insurance. According to the Ohio Bureau of Motor Vehicles (BMV) guidelines, which include:
- $25,000 per person for bodily injuries or fatalities
- $50,000 per accident for bodily injuries or fatalities
When you drive without the mandatory minimum insurance coverage, you face penalties that include the loss of your driver’s license, fines, license restoration fees, and increased insurance rates.
However, these consequences will not affect your ability to collect compensation.
Damages You Could Recover From the At-Fault Driver After an Accident
With evidence that the at-fault driver caused your accident, you can seek compensation for your economic and non-economic damages. Our team of accident lawyers can help you identify and calculate the damages you face and include this information in your case. You could request compensation for:
- Accident-related loss of income or salary, including loss of future income
- Cost of accident-related medical care and rehabilitation
- Property damage or complete loss
- Physical impairment or disfigurement
- Mental and physical pain and suffering
- Loss of consortium
If someone you love suffered fatal injuries in a car accident, we can seek wrongful death damages on your behalf. These damages may include funeral and burial costs, and costs of medical care before they passed away.
In either case, our team will carefully document your damages in the case file and present them to the at-fault party and their insurance provider.
Ohio Law Limits the Time to Sue for Compensation
The sooner you involve our car accident lawyers in your car accident claim, the more time we have to investigate and build your case. Early intervention also means we can ensure compliance with the appropriate statute of limitations:
- Ohio Revised Code Section 2305.10 generally allows up to two years from the accident date to file an injury lawsuit.
- Ohio Revised Code Section 2125.02 generally allows up to two years from the date of a loved one’s accident-related demise to file a wrongful death lawsuit.
(It is also very important to note that a shorter statute of limitations may apply to your situation, depending upon the circumstances of your case. It is best to take advantage of a free case review with our firm so that you know exactly what deadlines you are facing and what your best options for legal action are.)
Our team works hard to settle your case out of court. However, we will file a lawsuit to protect your right to go to court if the at-fault party and their insurance company do not make an offer that meets your post-accident needs.
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You Can Aid Your Claim By Taking These Actions
Even if you do not have car insurance at the time of the accident, you should still take certain actions after a car accident to secure your right to fair compensation:
- Call 911 and make sure everyone is safe
- See a doctor and follow their treatment plan
- Don’t admit fault when speaking to the police
- Collect what evidence you can from the accident scene
Then, call a lawyer about your case.
Call The Fitch Law Firm LLC for a Free Consultation Today
If you or someone you love was injured in a car accident but did not have car insurance, you can still seek financial compensation in Ohio. Find out about your rights and responsibilities by speaking with a car accident lawyer today.
