Hit by an Uninsured Driver in Cincinnati: What You Can Do

Before assuming the other driver is uninsured, verify it. At the scene, ask the other driver for their insurance information — Ohio law requires drivers to carry proof of financial responsibility. If they refuse or claim they have no insurance, document that refusal in writing or on video. Get their name, address, phone number, driver's license number, and license plate number. Take photos of their license plate and vehicle.

Ohio operates a Financial Responsibility Random Verification Program through the BMV. The state randomly selects registered vehicle owners and requires them to prove they carry valid insurance. Drivers who fail verification face license suspension. Despite this program, about 13% of Ohio drivers remain uninsured (Insurance Research Council, 2023).

Your attorney or insurance company can verify coverage through the Ohio BMV or by contacting the other driver's insurer directly. Sometimes drivers claim to be uninsured at the scene but actually have a policy — they may have forgotten their card or may be trying to settle without involving insurance. Do not accept a cash settlement at the scene. Your injuries may be more serious than they initially appear, and a handshake deal will not cover six months of physical therapy.

Call Cincinnati Police at (513) 765-1212 or 911 if there are injuries. A police report creates an official record that the crash happened, who was involved, and the responding officer's assessment of fault. The report will note whether the other driver provided proof of insurance. This documentation is critical for both your UM claim and any future lawsuit against the uninsured driver.

Photograph the scene thoroughly: vehicle damage, road conditions, traffic signals, skid marks, and the other driver's vehicle and license plate. If there are witnesses, get their names and phone numbers. Write down everything you remember about the crash while it is fresh — how it happened, what the other driver said, and whether they admitted fault. These details matter when your insurance company evaluates your UM claim.

For crashes on I-75, I-71, I-275, or I-471, the Ohio State Highway Patrol may respond instead of Cincinnati Police. Regardless of which agency responds, get the crash report number and the officer's name and badge number before they leave the scene.

Uninsured motorist (UM) coverage pays when the at-fault driver has no insurance at all. Underinsured motorist (UIM) coverage kicks in when the at-fault driver's policy limits are too low to cover your damages — which is common given Ohio's minimum of just $25,000 per person (ORC 4509.01). Under ORC 3937.18, Ohio insurers must offer both UM and UIM coverage on every auto policy. If you signed a written rejection when you purchased your policy, you do not have it. If you are unsure, call your insurer and ask.

To file a UM claim, notify your insurance company as soon as possible after the crash. Most policies require prompt notice — typically within 30 to 60 days. Provide the police report, your medical records, photos of the scene and your injuries, and any evidence showing the other driver was at fault and uninsured. Your insurer will investigate the claim, and you may need to provide a recorded statement or attend an independent medical examination.

Your UM claim covers the same categories of damages you would recover from the at-fault driver: medical bills (past and future), lost wages, pain and suffering, and other out-of-pocket costs. Your UM policy limits cap the maximum recovery. If your damages exceed your UM limits, you may still pursue the uninsured driver personally for the remainder — though collecting that judgment is a separate challenge.

If you declined UM coverage in writing, your options after a crash with an uninsured driver are more limited but not zero. You can still sue the uninsured driver directly for your damages. The problem is not winning the lawsuit — it is collecting the money. A driver who cannot afford insurance often cannot afford to pay a $50,000 or $100,000 judgment.

Check whether any other insurance coverage applies to your situation. Your health insurance will cover medical bills (though you may owe copays and deductibles, and your health insurer may assert a subrogation lien). If you were a passenger in someone else's vehicle, the vehicle owner's UM coverage may apply. If a household member has auto insurance with UM coverage, their policy may extend to you depending on the policy language. MedPay (medical payments coverage) on your own policy, if you have it, pays regardless of fault with no deductible.

Ohio does not have a no-fault insurance system. You cannot collect personal injury protection (PIP) benefits because Ohio does not require PIP coverage. This makes UM coverage particularly important in Ohio. If you currently lack UM coverage, strongly consider adding it to your policy going forward — it is typically inexpensive relative to the protection it provides.

You have the legal right to sue an uninsured driver for your damages in Ohio. File in Hamilton County Court of Common Pleas for claims over $15,000, or Hamilton County Municipal Court for smaller claims. Ohio's statute of limitations is 2 years from the date of injury (ORC 2305.10), so you must file within that window.

Ohio's modified comparative negligence rule (ORC 2315.33) applies. The court or jury will assign fault percentages to each party. If you are found 51% or more at fault, you recover nothing. If you are 50% or less at fault, your damages are reduced by your percentage of fault. For example, if you have $100,000 in damages and are found 20% at fault, you recover $80,000.

Winning a judgment against an uninsured driver is the easy part. Collecting it is harder. Ohio law allows wage garnishment, bank account garnishment, and property liens to enforce a judgment. But many uninsured drivers have limited income and few assets. A judgment is valid for 5 years in Ohio and can be renewed, so you may be able to collect over time as the person's financial situation changes. An attorney can advise whether pursuing a lawsuit is worth the time and cost given the other driver's ability to pay.

Seek medical attention promptly after any crash with an uninsured driver. For serious injuries, University of Cincinnati Medical Center is the region's only Level I adult trauma center. For less severe injuries, go to an urgent care or your primary care doctor within 24 to 48 hours. The medical record created at your first visit links your injuries to the crash. Gaps in treatment give your insurance company a reason to argue your injuries are not as serious as you claim.

Keep records of everything: medical bills, prescription costs, mileage to appointments, days missed from work, and any out-of-pocket expenses related to your injuries. These records form the basis of your damages calculation whether you are filing a UM claim or suing the uninsured driver.

Want to understand your options after being hit by an uninsured driver in Cincinnati? Get your free Injury Claim Check. Answer a few questions about your accident, injuries, and insurance coverage. We will provide a personalized report covering your UM coverage options, potential claim value, and next steps — and connect you with a Cincinnati-area attorney experienced in uninsured motorist claims. The Injury Claim Check is free, confidential, and takes just a few minutes.