Uninsured Motorist Claims Ohio

Ohio Revised Code Section 3937.18 is the governing statute for UM/UIM coverage in Ohio. Key provisions include the following.

Mandatory Offer Requirement

Ohio insurers must offer UM/UIM coverage to every auto insurance policyholder. The offer must be made in writing, and the policyholder must affirmatively reject coverage in writing to avoid it. Many policyholders do not realize they have UM/UIM coverage, or do not know its limits.

What UM/UIM Covers

UM coverage applies when the at-fault driver has no liability insurance whatsoever. UIM coverage applies when the at-fault driver has liability insurance, but its limits are insufficient to cover the full value of the claim. UIM typically pays the difference between the at-fault driver's liability limits and the full value of the claim, up to the UIM policy limit.

Stacking

Ohio's 2001 revision to R.C. § 3937.18 significantly limited the availability of stacking — combining UM/UIM coverage from multiple vehicles or policies. Whether stacking is available depends on specific policy language and the circumstances of the claim. Policy language must be reviewed carefully.

Hit and Run Claims

Ohio UM coverage generally applies to hit-and-run crashes where the at-fault driver cannot be identified. Policy requirements for reporting and documentation must be followed precisely — failure to comply can result in coverage denial.

A UM/UIM claim against your own insurer follows a process similar to a third-party liability claim, but with important procedural differences.

Notification Requirements

Most UM/UIM policies require prompt notification of a potential claim. Review your policy carefully and provide notice as soon as possible after the crash. Late notice can give the insurer a basis for coverage denial.

Demand and Negotiation

After medical treatment is complete or has reached maximum medical improvement, a demand package is submitted to the UM/UIM insurer documenting injuries, treatment, lost wages, and other damages. The insurer then has an obligation to respond in good faith.

Arbitration

Many Ohio UM/UIM policies require arbitration rather than litigation to resolve coverage disputes. The arbitration clause, arbitrator selection process, and applicable rules vary by policy. An attorney familiar with Ohio UM/UIM arbitration practice is essential in these cases.

Bad Faith Claims

Ohio law imposes a duty of good faith and fair dealing on insurers handling UM/UIM claims. An insurer that unreasonably delays, denies, or undervalues a legitimate UM/UIM claim may be subject to an insurance bad faith claim in addition to the underlying coverage claim.

This is the most counterintuitive aspect of UM/UIM claims. You are filing against your own insurer — a company you have paid premiums to for years. Despite this relationship, your insurer's financial interest is to minimize the claim exactly as any adverse insurer would.

The tactics are identical: early contact seeking a recorded statement, requests for extensive medical records beyond what is necessary to evaluate the claim, independent medical examinations (IMEs) by insurer-retained physicians who frequently minimize injuries, and offers that do not reflect the full value of documented damages.

Ohio's insurance bad faith doctrine provides some protection — an insurer that acts in bad faith in handling a UM/UIM claim can face punitive damages. But the primary protection is legal representation from the outset of the claim.