Is There A Statute Of Limitations Or Certain Time In Which I Must File An Uninsured Or Underinsured Motorist Claim In Ohio?

statute of limitations

You are always filing a claim against the other driver. However, their insurance company is indemnifying them. For instance, if I am insured by ABC Insurance Company, and I am at fault for an accident, you’re bringing the claim against me. ABC Insurance Company insures me, so they pay the claim. If there’s no ABC Insurance Company and you’re pursuing me individually, then you’re going to have to determine if I’m collectible.

Most people are not collectible. Furthermore, by the time you get a judgment against somebody, they might not be collectible at that time. As a practical matter, there are very few cases in which you are able to recover from a person when someone is uninsured. If the person who is at fault files for bankruptcy, they can protect themselves from a judgment against them. I always give the example of some very famous people who had a judgment against them. The victims pursue them for 20 years to try to get their assets. That requires a lot of time and even more court costs. As a practical matter, it is nearly impossible.

If someone has a business, the business can file for bankruptcy and go out of business. Maybe then you can try to get some assets out of the business. If the business doesn’t exist anymore, and those assets were transferred, you have that limitation. It’s very difficult as a practical matter.

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