When State Minimum Coverage is Just Not Enough: The Benefits of Uninsured/Underinsured Coverage

By: James P. Tyack

In Ohio, having automobile insurance is not optional – it’s a legal requirement. Despite this, nearly 20% of Ohioans are uninsured, which equates to almost a million people driving on Ohio roads without any insurance. What’s just as troubling, though, is the number of drivers who are “underinsured,” meaning that while they have a minimal automobile insurance policy, it is not sufficient to meaningfully cover losses if an accident occurs.

In Ohio, the minimum required insurance for bodily injury liability coverage is $25,000 per person and $50,000 per accident. This means that each and every driver on Ohio roads is required by law to have at least $25,000 of insurance to cover bodily injury to another person in an accident, and $50,000 of insurance coverage total if more than one person is injured.

The problem with state minimum coverage is that very few serious car accidents can be settled or resolved within the $25,000/$50,000 limits. So often this amount of coverage is simply not enough to compensate the injured party for medical expenses, lost wages, pain and suffering and other damages.

Unfortunately, our clients have experienced this firsthand. These limits are most problematic in wrongful death cases where an individual has died in a car accident by no fault of their own. We have seen the nightmare scenario play out too many times – our client’s loved one is killed in an auto accident, but the at-fault party only has state minimum $25,000/$50,000 insurance coverage.

Settling a wrongful death case for $25,000 for the family of the deceased is never fair. Unfortunately, however, in these scenarios, even after due diligence and investigation, there is just not enough insurance coverage to adequately compensate the family for the loss they suffered, and continue to suffer, from the death of their loved one.

There have rarely been tougher conversations in our office than the ones where we have to explain to a parent or spouse that the most we can recover for the death of their loved one is $25,000 due to the at-fault party not having sufficient insurance. Just $25,000 for a wife’s loss of her husband’s entire life, future wages, companionship, and friendship is never enough.

So, what can you do to avoid the all-to-common scenario of insufficient insurance coverage? While you unfortunately cannot control others’ decisions to drive uninsured or underinsured, you can take steps to protect yourself and your family by purchasing uninsured or underinsured coverage as part of your own insurance policy.

For example, if you have an insurance policy with bodily injury liability coverage of $100,000 per person and $300,000 per accident, it is likely that you can get uninsured or underinsured motorist coverage set at the same amount. This means that if you are seriously injured by an uninsured or underinsured motorist, you have additional protections and liability coverage through your own policy.

In this scenario, if you were hit by a motorist with only $25,000/$50,000 in coverage, your own underinsured motorist policy would provide an additional $75,000 in coverage per person and $275,000 in total for the accident. This additional coverage would protect yourself and any other members of your family injured in the accident.

Importantly, having abundant uninsured or underinsured coverage as part of your policy is typically not very expensive. Many insurance companies offer a cost-effective options. Some companies can offer substantial UM/UIM coverage for just $10 or $15 more per month.
So, even if believe you are “fully insured,” take a moment to inspect your insurance policy. If you do not have uninsured and underinsured coverage (UM/UIM), consider taking those steps to protect yourself and your family from the nightmare situation of being injured by a motorist with little or no insurance coverage.

At Tyack Law Firm Co., L.P.A., we understand that navigating the aftermath of an accident involving an uninsured or underinsured driver can be overwhelming and, at times, devastating. Our team is experienced in identifying all available sources of recovery, and we work diligently to maximize compensation for our clients. While no legal outcome can undo the harm caused, we are committed to guiding you through every step of the process with clarity, compassion, and strategic advocacy. If you or a loved one has been impacted by an accident, we are here to help you understand your rights and pursue the recovery you deserve.