As of 2022, Ohio was ranked in the top 10 states with the highest number of uninsured motorists at a staggering 17.1 percent.1 To make things worse, even drivers who have insurance are only required to maintain coverage of $25,000.00 per individual and $50,000.00 per incident under Ohio law. Consequently, it is more important than ever to ensure that you are protected by purchasing Uninsured/Underinsured (UM/UIM) motorist coverage as a part of your car insurance policy. With this coverage, you are able to insure yourself even if the at-fault driver lacks adequate insurance to compensate you for your injuries or damages.
But, simply purchasing UM/UIM coverage does not guarantee that you will be fairly compensated from damages and injuries suffered in a car crash. Unfortunately, many times we see insurance companies fail to fully and fairly evaluate a claim or make an unfairly low offer to their own insured.
This is where the car insurance attorneys at Plakas Mannos can help. When an insurance company won’t agree to fairly compensate its own insured, you can file a lawsuit against your insurance company to obtain fair compensation under the coverage you purchased and paid for.
As a result, it is essential to understand what obligations an insurer has regarding a UM/UIM claim, and what happens if an insurer denies coverage for a UM/UIM claim.
What Do I Do If I’m in a Car Accident Caused by an Uninsured or Underinsured Driver?
If you find yourself involved in a collision where the at-fault driver is uninsured or underinsured or if the at-fault driver cannot be identified (think of a hit-and-run), you should let your own insurance company know as soon as you can. While every insurance policy has differences, normally, in Ohio a UM/UIM policyholder must do the following to be potentially covered by their own underinsured/uninsured motorist insurance:
- Not be at fault for the accident;
- Promptly report the incident to the insurer; and
- Prove that they suffered damage by providing documentation to support the claim (i.e. medical bills, wage loss records, a police report, etc.).
Once a claim is properly submitted to your insurance company, your insurance company should initiate an investigation.
What Is My Insurance Company’s Obligation in Evaluating My Uninsured/Underinsured Motorist Claim?
When evaluating a UM/UIM claim, an insurer is obligated to “act in good faith” and provide a reasonable settlement to its insured for any damages sustained by them as a result of an uninsured or underinsured driver. Accordingly, the insurer must complete a thorough investigation regarding the following as it relates to the individual filing the UM/UIM claim:
- The extent of injuries;
- The cost of medical treatment;
- Lost wages;
- Pain and suffering;
- Emotional trauma;
- Loss of consortium suffered by family members; and
- Other economic and non-economic losses.
Once the investigation is complete, the insurer can either offer an amount of money within the UM/UIM policy limits that it finds will compensate the insured for his/her losses or deny the claim.
Although an insurer must provide a written explanation regarding its decision, it can be unclear and complicated for an insured to determine whether or not the offer made by the insurer is reasonable and/or sufficiently represents all of his/her losses; or if a denial is legitimate should the claim be denied in whole due to alleged policy exclusions. Consequently, consulting with an experienced personal injury attorney, such as those here at Plakas Mannos, is essential to not only navigate the process but to ensure that you maximize your potential compensation under the policy. And, because the deadlines to submit and file claims can be short, it’s important to reach out as soon as you can after a car accident.
How Do I File a Bad Faith Claim Against My Insurer?
In Ohio, a UM/UIM bad faith claim is made when an insurer fails to provide adequate, or fair, compensation to an insured for losses caused by an at-fault driver with no insurance or inadequate insurance. You may have a claim for bad faith if your insurer deliberately undervalues your claim, fails to complete an fair and appropriate investigation, or does not adequately compensate you for your losses, wrongfully denies your claim, or engages in behavior in an attempt to limit the payout under your policy. Accordingly, to prove a claim for bad faith, you must prove the following:
- The existence of a valid insurance contract;
- Unreasonable denial or delay of claim;
- Failure to conduct a proper investigation; and/or
- Breach of duty of good faith and fair dealing.
While many insurance adjusters pride themselves on open and frequent communication, there are others who fail to promptly respond, who fail to conduct a proper investigation, and who fail to appropriately value claims. In those situations, you may need to hire an attorney for car insurance claims.
We’re the Car Accident Lawyers You Can Trust for a Bad Faith Insurance Claim
Plakas Mannos has over 50 years of experience in representing individuals in situations where the insurer’s offer under their UM/UIM policy did not adequately compensate them for their losses or where the UM/UIM claim was denied in whole. Filing a bad faith claim is a complex and arduous process, let our team help you navigate it, assess the strength of your claim, and advocate for your rights. If you have been injured in a car accident where the driver did not have adequate insurance, or if your own insurance company is not offering a fair settlement, call Plakas Mannos to review your case to determine if we can help.
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