Will a Car Accident Attorney Help if an Uninsured Motorist Hits My Car?

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When involved in a car accident caused by an uninsured motorist, it can be a distressing experience that leaves you burdened with financial costs. However, you don’t have to be victimized twice. Seeking the guidance of an experienced Ohio car accident attorney can provide invaluable support during this challenging time. 

In this article, we will explore how a car accident attorney can assist you, clarify insurance coverage, identify the uninsured motorist, hold them accountable, and help you navigate settlement offers. Our dedicated team at Schiff & Associates is ready to provide prompt and professional assistance.

Understanding Your Insurance Coverage:

While Ohio law mandates that motorists carry liability insurance, not all drivers adhere to this requirement. If you’re hit by an uninsured motorist, you may still have options to recover costs. 

By filing a claim with your own insurance carrier, you can seek coverage for medical bills and property damage. However, it’s important to note that the extent of coverage will depend on your policy’s limits. 

Additionally, if you haven’t elected to carry uninsured/underinsured motorist coverage, the remaining expenses may become your responsibility.

For example, suppose that you carry a liability policy with the state’s minimum coverage limits, which include $25,000 per person injured in any single crash.  Your medical bills, which included an ambulance trip from the scene of the crash and a three-day hospital stay, total $60,000.  Your insurance would pay $25,000 of that total, but the remaining $35,000 would be your responsibility.

How a Car Accident Attorney Can Assist You:

A car accident attorney cannot change the facts of the crash or make the at-fault driver have insurance coverage. However, they can provide significant assistance in the following ways:

  1. Enforcing the Terms of Your Liability Policy:

While not commonplace, your liability insurance companies may attempt to deny or underpay your claim, even if you have uninsured or underinsured motorist coverage. 

Instead, your insurer might attempt to pay only a portion of what it should.  This action would force you to either litigate or negotiate with your insurer or simply accept the lower payment amount.

Your car accident attorney will advocate for you, demanding that your insurer honors its policy and provides the compensation you deserve.

  1. Identifying the Uninsured Motorist:

There are times when uninsured motorists will leave the scene of an accident.  These hit-and-run cases, make it challenging to identify and hold them responsible. 

 

An experienced car accident lawyer can gather information from police reports, eyewitness accounts, security camera footage, and other sources to help identify the negligent driver.

  1. Holding the Uninsured Motorist Accountable:

Regardless of insurance coverage, Ohio’s negligence laws hold the at-fault party responsible for compensating you for injuries caused. Even without insurance, the negligent driver may have financial assets that can be utilized to satisfy a court judgment. 

A lack of insurance may be due to reasons other than lack of money to pay the premium.  An uninsured motorist may still have substantial financial assets that can satisfy a court judgment.  

The limitations on and procedures for seizing and using assets to pay an order of compensation are complicated.  Just because a driver has been ordered to pay a judgment does not necessarily mean they must lose everything they have.  A skilled car accident attorney knows the laws and can explore avenues to secure the driver’s permissible assets to compensate you for your injuries.

  1. Avoiding Unfair Settlements:

Uninsured motorists may approach you with cash settlement offers to avoid reporting the crash or facing legal action. However, these offers often fail to account for the true extent of your harm and is rather what the uninsured motorist can afford at the time. 

Consulting a car accident attorney allows you to make an informed decision by evaluating the fairness of the proposed settlement and ensuring you understand the full costs of your case.  Your lawyer can ensure you understand the true cost of your case and whether the uninsured motorist’s proposed settlement is far considering all the circumstances.

Call Schiff & Associates Today

If you or a loved one has been involved in an accident with an uninsured motorist, it’s essential to understand that you have options. Don’t bear the financial burden alone. Contact the experienced car accident attorneys at Schiff & Associates for prompt and professional assistance. We are dedicated to protecting your rights and guiding you through the legal process, ensuring you receive the compensation you deserve.