First, your lawyer has to look for money everywhere he might be able to find it. If the other driver is driving someone else’s car, the owner’s policy might provide coverage.
If he is driving his car as part of his job – for instance, if he’s a salesman going from one customer to another – his boss might carry coverage. Or his employer might be liable for his mistakes, depending on the circumstances of his employment.
You can buy insurance that specifically protects you against drivers who don’t carry any – or enough – insurance. It is called uninsured-underinsured motorist coverage. Relative to the cost of your other insurance, it doesn’t cost very much.
If you have this coverage with your policy – and most people do – you have some coverage, although it may not be enough. How do you know? – look at your policy declarations. You can call your agent if you don’t understand it.
Some people carry not only an auto policy, but something called an “umbrella” policy. The umbrella policy provides you with coverage beyond the liability limits of your auto policy.
If your auto policy provides $100,000 of liability limits, your umbrella policy may provide you with another $500,000 or other limits of coverage (it depends on the policy.)
And if you have an umbrella policy, it may carry uninsured/underinsured coverage. How much? You have to look at the policy.
If you carry uninsured/underinsured coverage, you recover under it by making a claim – up to your limits – against your own insurance company. If they don’t pay you what you want, you can sue them. In Ohio, you have up to three years – more in some cases – from the date of the accident to file the suit.
I have been a lawyer over 30 years. My job is not just to know how to sue, but who – and whether – to sue. That includes understanding insurance. If you want to talk about your insurance coverage, speak with an experienced Accident Attorney – call me at 513-621-4775.
Because all situations are different, and because there may be other facts pertaining to your case that I don’t know about, you should not rely on this answer for legal advice. I am not your attorney, and no lawyer client relationship has been formed.