How To Present An Uninsured and Underinsured (UM/UIM) Motorist Claim In Ohio

Ohio car collision attorney, Scott Kuboff, discusses how to present an uninsured and underinsured (UM/UIM) motorist claim in Ohio.

If you have sustained an injury in a motor vehicle collision, please contact Scott for a no cost, no obligation consultation and case evaluation.

Can My Auto Insurance Increase for Filing An Uninsured/Underinsured (UM/UIM) Motorist Claim?

Ohio car collision attorney, Scott Kuboff, discusses R.C. 3937.23 and whether insurance companies can raise your rates simply because you filed an uninsured/underinsured (UM/UIM) claim.

Under Ohio law – specifically 3937.23 – insurance companies cannot raise your rates simply because you were involved in a collision with an uninsured or underinsured motorist provided:

  • You were not at fault for the collision AND

  • You were not convicted of any violation of law as a result of the collision

If you have sustained an injury in a motor vehicle collision, please contact Scott for a no cost, no obligation consultation and case evaluation.

Why Having Full Coverage Auto Insurance May Not Be Enough

Ohio car collision attorney, Scott Kuboff, discusses what "full coverage" means, what it covers, what it does not, and why you may want to take a close look at your auto insurance policy now.

In addition to appropriate collision/comprehensive coverage for your motor vehicle, it is recommended that you carry a minimum of:

  • Liability Coverage: $100,000 per person/$300,000 per occurrence

  • Uninsured/Underinsured Coverage: $100,000 per person/$300,000 per occurrence

  • Medical Payment Coverage: $5,000

If you have sustained an injury in a motor vehicle collision, please contact Scott for a no cost, no obligation consultation and case evaluation.

Can My Auto Insurance Increase for a No-Fault Collision?

Ohio car collision attorney, Scott Kuboff, discusses R.C. 3937.22 and whether insurance companies can raise your rates simply because you were involved in one collision during the policy period that was NOT your fault.

Under Ohio law – specifically R.C. 3937.22 – insurance companies cannot raise your rates simply because you were involved in ONE collision during the policy period provided:

  • You were not at fault for the collision AND

  • You were not convicted of any violation of law as a result of the collision

If it was your 2nd or 3rd collision during the policy period, were at fault, or otherwise convicted of some traffic offense, your rates can increase. 

If you have sustained an injury in a motor vehicle collision, please contact Scott for a no cost, no obligation consultation and case evaluation.

The Rules for Backing Up a Vehicle in Ohio

Ohio motor vehicle accident attorney, Scott Kuboff, discusses a driver’s duty to exercise care and caution when putting a vehicle in reverse.

Revised Code RC 4511.38(A) provides: "[n]o person shall start a vehicle ... which is stopped, standing, or parked until such movement can be made with reasonable safety. Before backing, operators of vehicle ... shall give ample warning, and while backing they shall exercise vigilance not to injure person or property on the street or highway. No person shall back a motor vehicle on a freeway, except: in a rest area; in the performance of public works or official duties; as a result of an emergency caused by an accident or breakdown of a motor vehicle."


If you have sustained an injury in a motor vehicle collision, please contact Scott for a no cost, no obligation consultation and case evaluation.

The Right of Way with Pedestrians, Crosswalks and Intersections

Ohio motor vehicle accident attorney, Scott Kuboff, discusses pedestrians, crosswalks, intersections, and who has to duty to yield the right of way in different situations between pedestrians and motor vehicles. These rules are found in R.C. 4511.46 and R.C. 4511.48.

Ohio has several statutes providing rules on the right of way. These statutes are designed to create clarity as to what vehicle may go and what vehicle must stop so as to not cause collisions. Right of way statutes make traffic flow predictable and our roadways safe. For pedestrians, R.C. 4511.46(A) provides “[w]hen traffic control signals are not in place, not in operation, or are not clearly assigning the right-of-way, the driver of a vehicle ... shall yield the right of way, slowing down or stopping if need be to so yield ... to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger." Of course, R.C. 4511.46(B) prohibits pedestrians from suddenly leaving a curb or other place of safety and walk or run into the path of a vehicle. And R.C. 4511.48(A) requires pedestrians to yield the right of way to vehicles when "crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection."

If you have sustained an injury in a motor vehicle collision, please contact Scott for a no cost, no obligation consultation and case evaluation.

The Right of Way When Making a Left Turn

Ohio motor vehicle accident attorney, Scott Kuboff, discusses a driver’s duty to yield the right of way when making a left turn. This duty is found in R.C. 4511.42

Ohio has several statutes providing rules on the right of way. These statutes are designed to create clarity as to what vehicle may go and what vehicle must stop so as to not cause collisions. Right of way statutes make traffic flow predictable and our roadways safe. When making a left turn, R.C. 4511.42(A) provides "[t]he operator of a vehicle ... intending to turn to the left within an intersection or into an alley, private road, or driveway shall yield the right of way to any vehicle ... approaching from the opposite direction, whenever the approaching vehicle ... is within the intersection or so close to the intersection, alley, private road, or driveway as to constitute an immediate hazard.”

If you have sustained an injury in a motor vehicle collision, please contact Scott for a no cost, no obligation consultation and case evaluation.

The Rules for Passing Other Vehicles in Ohio

Ohio motor vehicle accident attorney, Scott Kuboff, discusses the rules on passing other vehicles on Ohio's roads. These rules are found in R.C. 4511.27, R.C. 4511.28, and R.C. 4511.29.


R.C. 4511.27(A) provides “The operator of a vehicle ... overtaking another vehicle ... proceeding in the same direction shall ... signal to the vehicle . . . to be overtaken, shall pass to the left thereof at a safe distance, and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle ... When a motor vehicle ... overtakes and passes a bicycle or electric bicycle, three feet or greater is considered a safe passing distance.”

R.C. 4511.28(A) provides "[t]he driver of a vehicle ... may overtake and pass upon the right of another vehicle ... only under the following conditions: (1) [w]hen the vehicle ... overtaken is making or about to make a left turn; (2) [u]pon a roadway with unobstructed pavement of sufficient width for two or more lines of vehicles moving lawfully in the direction being traveled by the overtaking vehicle."

R.C. 4511.29(A) provides "[n]o vehicle ... shall be driven to the left of the center of the roadway in overtaking and passing traffic proceeding in the same direction, unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made, without interfering with the safe operation of any traffic approaching from the opposite direction or any traffic overtaken. In every event the overtaking vehicle ... must return to an authorized lane of travel as soon as practicable and in the event the passing movement involves the use of a lane authorized for traffic approaching from the opposite direction, before coming within two hundred feet of any approaching vehicle."

If you have sustained an injury in a motor vehicle collision, please contact Scott for a no cost, no obligation consultation and case evaluation.

Failure to Maintain Control of Your Vehicle

Ohio motor vehicle accident attorney, Scott Kuboff, discusses a driver’s duty to operate their vehicle with reasonable control - this means both hands on the wheel, eyes on the road (read: put the phone down), and drive at speeds appropriate for the road, traffic, and weather conditions. This duty is found in R.C. 4511.202.

R.C. 4511.202(A) provides “[n]o person shall operate a motor vehicle . . . on any street, highway, or property open to the public for vehicular traffic without being in reasonable control of the vehicle . . .”

If you have sustained an injury in a motor vehicle collision, please contact Scott for a no cost, no obligation consultation and case evaluation.

Right of Way at Intersections

Ohio motor vehicle accident attorney, Scott Kuboff, discusses a driver’s duty to yield the right of way at an intersection. This duty is found in R.C. 4511.41.

Ohio has several statutes providing rules on the right of way. These statutes are designed to create clarity as to what vehicle may go and what vehicle must stop so as to not cause collisions. Right of way statutes make traffic flow predictable and our roadways safe. At intersections, R.C. 4511.41(A) provides “[w]hen two vehicles . . . approach or enter an intersection from different streets or highways at approximately the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right..”

If you have sustained an injury in a motor vehicle collision, please contact Scott for a no cost, no obligation consultation and case evaluation.