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THE ULTIMATE GUIDE TO
        BUYING CAR
     INSURANCE IN OHIO
       “How to Protect Yourself and Your Family”




                     By Attorneys:
Charles E. Boyk • Michael A. Bruno • Nicholas M. Dodosh




            For five FREE bonus offers from
      Charles E. Boyk Law Offices, LLC, see page 31!
Copyright © 2011 by Charles E. Boyk, Michael A. Bruno
and Nicholas M. Dodosh

All rights reserved. No part of this book may be used or
reproduced in any manner whatsoever without written
permission of the author(s).

Printed in the United States of America.

ISBN-10: 0-615-43952-7
ISBN-13: 9780615439525


Charles E. Boyk Law Offices, LLC
405 Madison Avenue, Suite 1200
Toledo, Ohio 43604
www.charlesboyk-law.com
THE ULTIMATE GUIDE TO BUYING CAR INSURANCE IN OHIO


Preface
Why We Wrote This Book:

I have been a personal injury attorney in Ohio for the last 27
years. Our law firm has represented thousands of people
injured in car accidents over those years.

On a regular basis I see that my clients are victims three
times. First, they are victims of a car accident. Second, they
are victims of the at-fault driver having inadequate insurance
to cover my clients’ injuries (or worse, no insurance at all).
Third, my clients’ uninsured/underinsured motorist coverage
is either nonexistent or is insufficient.
	
The goal of this book is to provide honest, easy-to-
understand information, written in plain English, so that
Ohio accident victims can learn how to protect themselves
and their families.

Charles E. Boyk
January 1, 2011




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THE ULTIMATE GUIDE TO BUYING CAR INSURANCE IN OHIO


Quick tips for buying
ohio auto insurance



Know the extent of your coverage–Just about everyone
thinks they have “full coverage” when it comes to their auto
insurance. However, there’s a good chance your insurance
doesn’t cover you as well as you think! Knowing the extent
of your coverage now can save you a lot of trouble later.

Uninsured and Underinsured Motorist Coverage–Make
sure that you have plenty of uninsured motorist (UM)
and underinsured motorist (UIM) coverage. This type of
coverage protects you if you are involved in an accident
with an irresponsible driver who has little or no insurance.
Having UM and UIM coverage can mean the difference
between getting the compensation you deserve and getting
nothing at all.

Umbrella Policies–You should seriously consider purchasing
an umbrella policy. An umbrella policy will provide you with
additional insurance to protect your assets in case your
other policies (homeowners, liability, UM/UIM, etc.) do not
provide you with enough coverage or compensation. An
umbrella policy gets its name from the fact that it sits on
top of your other policies and provides an additional layer
of protection. Umbrella policies protect you from being left
personally on the hook for damages you cause to others,
or from being left without any compensation for damages
suffered by you or your family.

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THE ULTIMATE GUIDE TO BUYING CAR INSURANCE IN OHIO

Family Exclusion–Make sure that your policy does not
have the so-called “family exclusion.” Most people assume
their insurance policy will provide coverage if their family
members are injured in an accident. However, depending
on your insurance carrier, it may be the case that loved ones
traveling with you in your car will have little or no coverage
at all if you are at fault for the accident! Some insurance
companies have this “family exclusion” and some do not. It
is vital to know where you stand in order to be completely
aware of your level of coverage.

Buy As Much Insurance as You Can Afford—It is vital
to buy as much insurance as you can afford. There’s no
denying that times are tough, and many people are trying
to save money by cutting back on their insurance coverage.
However, this can end up hurting you financially significantly
more than it helps you. In order to maximize your chances
at being protected in the event of an accident, there are
certain aspects of your policy that you should never skip out
on.




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THE ULTIMATE GUIDE TO BUYING CAR INSURANCE IN OHIO


BUYING CAR INSURANCE
First, you should know that you are not alone in buying car
insurance. Everyone in Ohio must buy car insurance — it’s
illegal to operate a vehicle in the state without it! If you get
pulled over and don’t have proof of insurance, you will suffer
some or all of the following penalties:

   •	 Loss of driving privileges for a minimum of 90 days and
      up to two years;
   •	 License plate and vehicle registration suspension;
   •	 License plate reinstatement fees of $125 for the first
      violation;
   •	 Requirements to regularly register with the BMV to
      prove insurance coverage for a minimum of three years
      and up to five years;
   •	 Vehicle immobilization and confiscation of plates for 30
      to 60 days if the driver violates the suspension.

If you’re like most people you can’t afford to go 90 days, let
alone two years, without the ability to drive a car!




Don’t risk it!

Now, there’s no question that buying insurance can be
confusing. What type of insurance do you need? How do
you get the insurance? How will the insurance be applied
to you in the event of an accident? This book will attempt
to clear things up. It will give you the basic information you


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THE ULTIMATE GUIDE TO BUYING CAR INSURANCE IN OHIO

need to allow you to have an intelligent conversation with
an insurance agent so you can buy the policy that is right
for you. Of course, the best way to make sure that you are
adequately insured is to consult a knowledgeable insurance
agent who will look out for your best interest. They’re the
pros, and they can explain everything to you in terms that
make insurance easier to understand.

This book is intended as a supplemental resource for you
to use as you buy your auto insurance. We hope you find
it helpful. If you have any questions about an accident in
which you, a family member, or a friend have been injured,
please feel free to give us a call at 419-241-1395 or 800-637-
8170. You can also visit our website at www.CharlesBoyk-
Law.com.




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THE ULTIMATE GUIDE TO BUYING CAR INSURANCE IN OHIO


Ohio Car Insurance
Basics
So, you may be asking yourself, “How do I know what kind
of coverage I currently have?” or, “How do I know what kind
of coverage I will have if I upgrade my policy?” For a brief
overview of your current or potential auto insurance policy,
you should take a look at the “declarations page” (commonly
referred to as the “dec page”). An auto insurance policy
declarations page is essentially a brief summary of the
policy that provides all of the basic information you need to
know about the policy. The declarations page consists of
information such as:

  •	 Insurance company name
  •	 Policy number
  •	 Policy period (the effective date and the expiration
     date)
  •	 Named insured and address
  •	 Vehicle description
  •	 Coverage (type and limits)
  •	 Premium amount
  •	 Loss payee, lien holder, additional interest, or additional
     insured (the finance company, leasing company, or
     person listed as owning an interest in the car)
  •	 Endorsements (changes made to the policy or special
     conditions)

A typical declaration page (or “dec page”) follows:




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THE ULTIMATE GUIDE TO BUYING CAR INSURANCE IN OHIO




   (Photo credit: www.onlineautoinsurance.com/learn/declarations.jpg - Dec. 28, 2010)


If you have your current or potential declaration page handy,
you may want to refer to it as you read through the rest of
this book. Now, let’s get into some of the things that you
need to know before purchasing your policy:

 •	 In Ohio, the legal minimum liability limits are as
    follows: $12,500 per person (up to a total of $25,000
    per accident) and $7,500 for property damage per
    accident. In “insurance lingo,” these minimum limits
    are commonly referred to as $12,500/$25,000/$7,500.
    But be careful! Just because you are “legal” does not
    mean that you or your family are adequately protected.
    Read on!

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THE ULTIMATE GUIDE TO BUYING CAR INSURANCE IN OHIO

•	 Almost all insurers also offer “optional” coverage. As
   you will see, some of this “optional” coverage really
   should not be optional at all, especially the uninsured
   and underinsured motorist coverage! Optional coverage
   usually includes:

  •	   “Uninsured motorist” (UM) and “underinsured
       motorist” (UIM) coverage, which kicks in if you
       are hit by an uninsured driver (no insurance) or
       underinsured driver (not enough insurance)

  •	   “Medical payments coverage” (MedPay), which pays
       medical expenses resulting from an auto accident

  •	   “Collision” coverage, which covers damage to your
       car when your car hits, or is hit by, another vehicle
       or other object

  •	   “Comprehensive” coverage, which covers your
       vehicle for losses resulting from incidents other than
       a collision

•	 In addition, many insurers offer additional optional
   coverage such as gap coverage, roadside assistance,
   and rental reimbursement. These are the truly optional
   types of coverage.

•	 You should also know: Ohio uses a traditional tort liability
   system with comparative negligence. What does this
   mean? Simply put, if you’re involved in an accident, a
   decision will be made one way or another as to who
   is at fault and by how much. The insurance company
   of the at-fault person will then pay the injured parties
   according to the percentage of fault. The exact amount
   of this payment is of course determined by the amount
   of damage caused in the accident.


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THE ULTIMATE GUIDE TO BUYING CAR INSURANCE IN OHIO


What you need to
know about buying
auto insurance in
Ohio
1. Know the extent of your coverage

If you are like most people who have purchased auto
insurance, you think you have “full coverage” and will be
completely taken care of if you are involved in an accident.
Unfortunately, chances are you are not fully covered!

Most people have the more common types of insurance:
liability, collision, and comprehensive. While these are
important kinds of insurance to have, they are not the
only kinds that a person needs in order to be adequately
protected. Let’s discuss the different types of insurance one
at a time so that you will know what your agent is talking
about when it comes time for you to buy your policy.

                  Liability insurance

Imagine that you are driving along, you take your eyes off
the road for a second, the person in front of you brakes, and
you collide with the rear of the person’s car. The driver of
the car suffers whiplash and sues you for the cost of their
medical bills. This is the type of situation where your liability
insurance kicks in. Liability insurance covers other people’s
bodily injuries or death for which you are responsible.
Liability insurance also provides you with a legal defense
if the other party to the crash files a lawsuit against you.
Claims for bodily injury may be for things such as medical


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THE ULTIMATE GUIDE TO BUYING CAR INSURANCE IN OHIO

bills, loss of income, or pain and suffering. If you get in a
serious accident, you obviously want enough insurance to
cover a judgment against you in a lawsuit so that you don’t
have to dip into your personal assets, or worse – have to
declare bankruptcy.

It is important to realize that bodily injury liability covers
injury to people, but does not cover damage to your vehicle.
Also, keep in mind that bodily injury liability doesn’t cover
you or other people on your policy!

Liability limits come in two forms: combined single limits and
split limits:

 •	 Combined single limits means that property damage and
    bodily injury are combined into one amount. EXAMPLE:
    After a long day at work, you are driving home and
    cause an accident that damages a telephone pole and
    causes injury to another person. With combined single
    limits, the claim to repair the telephone pole and the
    claim based on the injured person’s medical bills would
    pay out from the same coverage.

  •	 Split limits policy means that property damage and
     bodily injury are split into two separate amounts.
     EXAMPLE: The cost to repair the telephone pole you
     damaged would be paid from your property damage
     coverage, and the injuries the other person sustained
     would be paid for with your bodily injury coverage.

Bodily injury liability coverage is usually split into a maximum
payment per person and a maximum payment per accident
and is written in this way: “bodily injury per person”/“bodily
injury per accident”/“property damage.”



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THE ULTIMATE GUIDE TO BUYING CAR INSURANCE IN OHIO

EXAMPLE: Let’s say a driver has $15,000 of coverage for
injury/death to another person, $30,000 for injury/death to
more than one person, and $7,500 for property damage
($15,000/$30,000/$7,500). If that driver hits a car full of
people and is found to be at fault, the insurance company
will pay $15,000 of one person’s medical bills, but will not
exceed $30,000 for the other people injured in the accident.
The insurance company will not pay more than $7,500 for
property damage to repair the vehicle that the at-fault driver
hit.




                 Collision coverage

Imagine again that you are driving along, you take your eyes
off the road for a second, the person in front of you brakes,
and you collide with the rear of the person’s car. The front of
your car is completely smashed in and will cost over $1,000
to fix. This is the type of situation where your collision
coverage kicks in. Collision coverage provides insurance
coverage for your car if you’re involved in an accident. It
is designed to cover repairs to the damaged vehicle or to
give you the cash value of your car if it is considered totaled
(i.e. the cost to repair is greater than the value of the car).
Collision coverage is subject to a deductable that you will
have to pay out of pocket. The higher your deductable, the
lower your premiums will be. You may want to consider
dropping this coverage if your car is older since this coverage
is normally limited to the cash value of your car.



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THE ULTIMATE GUIDE TO BUYING CAR INSURANCE IN OHIO

             Comprehensive coverage

Imagine that you are shopping at the mall and you come
out to your car only to discover that thieves looking for
money have smashed the driver’s side window in. This is
the type of situation where your comprehensive coverage
kicks in. Comprehensive coverage covers damage to your
vehicle that does not result from a collision. For example,
comprehensive coverage would protect you in the event
of a fire, theft, vandalism, weather damage, or impact
with an animal. Comprehensive coverage is subject to a
deductable that you will have to pay out of pocket. To keep
your premiums down, you can choose a larger deductible,
but keep in mind that you will pay more out of pocket if you
have to make a claim.

Understanding and knowing your limits and what they mean
is vital to making sure you are protected in the event of an
accident. However, there are other types of very important
insurance to think about before you can consider yourself
“fully covered.” Read on!


2. Uninsured and Underinsured Motorist Coverage

Imagine that you are hit and injured by a driver who carries
little or no insurance. Or worse, imagine that the driver
who hit you speeds off after the accident. As we discussed
above, your liability insurance only covers other people’s
bodily injuries or death for which you are responsible! Since
you didn’t cause the accident, your liability insurance won’t
provide you with any compensation. You are stuck with
hundreds of thousands of dollars in damages. Now what?




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THE ULTIMATE GUIDE TO BUYING CAR INSURANCE IN OHIO

This type of situation occurs frequently, and it is the reason
you want to carry plenty of uninsured and underinsured
motorist coverage. These types of policies, often abbreviated
UM (uninsured motorist) and UIM (underinsured motorist),
protect you if you are involved in an accident with an
irresponsible driver who carries little or no auto insurance or
if you are involved in an accident with a hit-and-run driver.
Both UM and UIM apply to you and any passengers in your
car, and to you and others listed on your insurance policy
(including family members) when in other cars.

Uninsured drivers come in several different forms. They
might not have any insurance at all. They might have
insurance that does not meet state-mandated minimum
liability requirements. Their insurance company could deny
their claim or not be able to pay it. If you are hit by an
uninsured driver and you do not have uninsured motorist
protection, you will not receive any compensation from
either your insurance provider or the other driver’s.

An underinsured driver  meets minimum legal financial
responsibility requirements but does not have payment
limits high enough to cover the damage he or she caused.
In this case, if you are involved in an accident with an
underinsured driver and you do not carry UIM coverage, you
will only receive as much as their policy limits allow, even
if that amount does not cover your medical bills, property
damage, and other expenses!




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THE ULTIMATE GUIDE TO BUYING CAR INSURANCE IN OHIO

Underinsured motorist protection pays you for damages that
exceed the payment limits carried by the underinsured driver.
It will pay up to the limits of your policy after subtracting the
amount paid by the other driver’s insurance—in other words,
the amount listed as your UIM limit is the total amount paid
by both insurance companies. If the other driver’s insurance
only pays a third of your policy value, your insurance will kick
in the other two thirds, but no more. This is probably one
of the most difficult auto insurance concepts to grasp. The
chart below illustrates what you for justupdiscussed paymentshould
        Underinsured motorist protection pays
                                                 we damages that exceed the and
        limits carried by the underinsured driver. It will pay to the limits of your policy
help clear things up. paid by the other driver's insurance—in other words,
        after subtracting the amount
         the amount listed as your UIM limit is the total amount paid by both insurance
         companies. If the other driver’s insurance only pays a third of your policy value,
         your insurance will kick in the other two thirds, but no more. This is probably one
         of the most difficult auto insurance concepts to grasp. The chart below illustrates
         what we just discussed and should help clear things up.

 Your Amount of    Bad Driver’s    Your Claim is    Bad Driver’s    Your Insurance        Your Total
    UM/UIM           Liability        Worth          Insurance           Pays             Recovery
   Coverage         Coverage                         Company
                                                     Pays You

    $12,500       $0 (uninsured)    $100,000+            $0             $12,500            $12,500
                                                    (uninsured)

                                                                              $0           $12,500
                                                                   (If the bad driver’s
    $12,500          $12,500        $100,000+           $12,500     liability coverage
                                                                       matches your
                                                                       UM/UIM, you
                                                                   cannot collect from
                                                                      your insurance
                                                                        company.)

    $12,500          $25,000        $100,000+           $25,000              $0            $25,000
                                                                    (If the bad driver
                                                                    had more liability
                                                                   coverage than you
                                                                     had in UM/UIM,
                                                                   you cannot collect
                                                                         from your
                                                                         insurance
                                                                         company.)




                                                                                          13




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THE ULTIMATE GUIDE TO BUYING CAR INSURANCE IN OHIO



   $12,500   $50,000    $100,000+    $50,000              $0           $50,000
                                                 (If the bad driver
                                                 had more liability
                                                coverage than you
                                                  had in UM/UIM,
                                                you cannot collect
                                                      from your
                                                      insurance
                                                      company.)

   $50,000   $50,000    $100,000+    $50,000               $0          $50,000
                                                (If the bad driver’s
                                                 liability coverage
                                                    matches your
                                                    UM/UIM, you
                                                cannot collect from
                                                   your insurance
                                                     company.)

  $100,000   $25,000    $100,000+    $25,000          $75,000          $100,000
                                                 (Your insurance
                                                   company will
                                                   subtract the
                                                amount paid by the
                                                    bad driver’s
                                                     insurance
                                                    company.)

  $100,000   $50,000    $100,000+    $50,000          $50,000          $100,000
                                                 (Your insurance
                                                   company will
                                                   subtract the
                                                amount paid by the
                                                    bad driver’s
                                                     insurance
                                                    company.)




  $100,000   $100,000   $100,000+    $100,000              $0          $100,000
                                                (If the bad driver’s
                                                 liability coverage
                                                    matches your
                                                    UM/UIM, you
                                                cannot collect from
                                                   your insurance
                                                     company.)




                                                                       14

As you can see from the above chart, without adequate
UM/UIM coverage, you run the risk of being significantly
undercompensated if you are in an accident with an
uninsured or underinsured driver! Our law firm has seen
far too many cases where the victims of an accident do not
receive the compensation they deserve because they did
not have UM or UIM coverage.




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THE ULTIMATE GUIDE TO BUYING CAR INSURANCE IN OHIO

In a recent case, our client was seriously injured in a crash
with an uninsured motorist. While our client had $12,500
in uninsured motorist coverage, his initial hospital stay cost
over $180,000. He followed up with a long nursing home
stay, months off work, and no income to support his children.
Obviously, the $12,500 he received in UM coverage will not
even come close to covering all of his expenses.

In one of the current cases our firm is handling, our client
suffered a brain injury, broken clavicle, collapsed lung,
broken facial bones, and broken teeth. While these are
severe and permanent injuries, our client has no insurance
coverage and the defendant has only $100,000 in coverage.
In this instance, a case that is worth well over $500,000 will
settle for the $100,000 policy limits.

An even worse situation is a case where our client and the
defendant both have no insurance coverage. The client
had a three-month hospital stay, a brain injury, broken facial
bones, permanent speech and mental impairments, and will
never be able to return to his prior employment. This case
should be worth well over $1 million, but will result in no
recovery and severe hardship for our client and his family.

The lesson to be learned is that it is up to you to protect
yourself and your family.

Even though it is illegal to drive without insurance in the state
of Ohio, there are regrettably many, many people who still
do so. Carrying UM and UIM policies gives you a guarantee
that you will still receive the compensation you deserve in
the event that you are involved in an accident with a driver
who falls into the UM or UIM categories.




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THE ULTIMATE GUIDE TO BUYING CAR INSURANCE IN OHIO

UM/UIM coverage is not necessarily going to be automatically
included in your policy, but any good insurance agent will
strongly encourage you to add it on – and you should
listen. Adding UM/UIM can often be done for a very low
cost (less than $10 extra per month), and is definitely worth
the extra investment to make sure you and your family are
protected!

3. Umbrella Policies

Imagine that you cause a bad accident and the jury awards
the plaintiff $1 million. Your insurance company pays out
the policy limits of $300,000. You are personally on the
hook for the other $700,000. Now what? Well, you will be
wishing you had an umbrella insurance policy, because at
this point bankruptcy and losing your personal assets may
be the only option.

Umbrella policies serve as an “extra level” of coverage and
can cover a range of various other insurance policies such
as homeowners insurance and car insurance, including
coverage for both liability and UM/UIM. Umbrella policies
kick in to protect your assets in the event that your other
liability policies get maxed out. They are typically sold in $1
million denominations and can be inexpensive.

An umbrella policy essentially provides a broader insurance
coverage range with higher liability limits—in other words, if
you get sued for more than what your primary limits allow,
your umbrella policy will kick in and cover the extra expenses.
Primary policies generally cover bodily injury and property
damage, but an umbrella can also include personal injury,
property damage, or bodily injury caused by you, your pets
(as in a dog bite case), or other people on your policy.



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THE ULTIMATE GUIDE TO BUYING CAR INSURANCE IN OHIO

A typical umbrella policy does not have a deductable and will
kick in immediately once your other insurance policies are
exhausted. For example, let’s say that you have a $500,000
auto liability policy and a $2 million umbrella policy. Let’s
also say that you cause an accident, injure a family, and
have a $2.5 million judgment rendered against you. In this
scenario, the first thing that will happen is that your auto
insurance company will pay out the $500,000 liability limits.
After your auto insurer makes this payment, your umbrella
carrier will kick in and cover the remaining $2 million. As you
can see, having this umbrella policy in place may have just
prevented you from having to declare bankruptcy. For this
reason and many others, it is an excellent idea to buy both
a liability umbrella and a UM/UIM umbrella policy. You can
oftentimes add a $1 million umbrella on top of a $300,000
liability policy for as little as $40 per vehicle per year. Talk
with a reputable insurance agent to see just how affordable
an umbrella policy can be.

After seeing the horrible tragedies that result from inadequate
insurance coverage, attorney Charles Boyk has large
limits to protect himself and his family. “I carry a $500,000
underlying liability/un/underinsured motorist policy with a
$2 million umbrella, with both liability and un/underinsured
motorist coverage,” Boyk stated. “This $2.5 million in liability/
un/underinsured coverage is crucial to protect my family.”


4. Family Exclusion

Most people buy “full coverage” insurance thinking that they
are getting coverage for all negligent driving – even if it is
their family member who negligently causes the accident.
However, this is not always the case. Some automobile
insurance policies contain an exclusion known as the


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THE ULTIMATE GUIDE TO BUYING CAR INSURANCE IN OHIO

“Family,” “Household,” or “Intra-Family” Exclusion. A family
exclusion is a clause stating that the insurance company won’t
pay for a family member’s death or injuries if another family
member causes the accident. This exclusion essentially
limits the bodily injury liability coverage available to family
members who are injured as a result of the negligence of
another family member.

The purpose of the family exclusion is to prevent two insured
family members from colluding to take advantage of the
insurance system. However, the family exclusion means
that an auto accident that is your fault can leave your family
with limited or no coverage.

The family exclusion can be difficult to understand. An
example may help to clear things up.

Let’s say that Dad purchases an automobile insurance
policy with $100,000/$300,000 liability, $100,000/$300,000
UM/UIM, and $5,000 medical payments (per person). A few
weeks later, Dad, Mom, and their three kids are traveling
along in the family car. Dad takes his eyes off the road for a
second and causes an accident, which severely injures the
three kids and results in hundreds of thousands of dollars in
medical bills. If the automobile insurance policy Dad bought
had a family exclusion, the children are not entitled to any
of the $100,000/$300,000 liability or UM/UIM coverage Dad
purchased. Rather, the kids are only entitled to receive
$5,000 per person “medical payments coverage” for a total
of $15,000.

Attorney Charles Boyk has handled real-life cases that
demonstrate the chilling consequences of the family
exclusion. Mr. Boyk stated, “In one of the family exclusion
cases, a husband was responsible for the accident and his
passenger, his wife, needed torn rotator cuff surgery on her


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THE ULTIMATE GUIDE TO BUYING CAR INSURANCE IN OHIO

left shoulder. No recovery was possible due to the family
exclusion.”

Mr. Boyk went on, “In another case, a husband caused his
wife to need physical therapy over a six month time period
and she had to be off work for an extended period of time.
Once again, no recovery for the pain or income loss was
available because of the family exclusion.”

The moral of the story is that the family exclusion in an
otherwise full coverage auto insurance policy can leave you
and your family open to devastating financial liabilities after
an auto accident. Obviously, you want to make sure that
the automobile insurance policy that you purchase does not
have a family exclusion. A family exclusion typically states
something like, “Our coverage will not apply to any insured
person for bodily injury to you or a relative.”

Based upon an informal survey conducted by Charles E.
Boyk Law Offices, LLC, the companies that do not have
the family exclusion (thereby providing coverage for you
and your family) include: Grange, Motorist, and Nationwide.
Companies that do have the exclusion (and therefore do
not protect your entire family in the event of an accident)
include: Allstate, Erie, Geico, Liberty Mutual, Progressive,
and State Farm.

However, to ensure that your specific policy meets your
coverage expectations, you should ask your insurance
agent if your policy contains a family exclusion, and if so,
you should consider purchasing additional coverage to
ensure that your family members are covered for bodily
injury. Communicating with your insurance agent is one
way to ensure you do not get caught up in a threat to your
family’s financial future.


                              22
THE ULTIMATE GUIDE TO BUYING CAR INSURANCE IN OHIO

5. Buy As Much Insurance as You Can Afford

If you are shopping for automobile insurance on a limited
budget, the three most important things to be concerned
about are liability limits, UM/UIM limits, and MedPay limits.
Even among these three, you want to always make sure
that you have the highest liability limits you can afford. At
a minimum, make sure you have liability and UM/UIM limits
of $100,000 each person/$300,000 each accident. The
rationale is that the higher your liability limits are, the less
chance you have of being sued and potentially having to
declare bankruptcy.

If you are shopping for car insurance and your budget allows
you to spend a bit more, you will want to make sure that you
have liability and UM/UIM limits of at least $250,000 each
person/$500,000 each accident. You should also have
significant medical payments coverage of at least $10,000
for each person. In addition, you should buy an umbrella
policy that includes UM/UIM coverage.

If your budget allows, you should also consider purchasing
useful benefits that cover the most common losses. These
benefits include zero deductable, glass coverage, AAA, and
first accident and ticket forgiveness. But keep in mind, these
optional benefits are optional for a reason; they are luxuries
even though they happen most often. Your agent will be
able to explain the ins and outs of these benefits, which will
allow you to make an informed and educated decision.

The following are two insurance quotes. The first quote was
generated in 2010 for a relatively safe 27-year-old unmarried
male driver of a 2005 Honda Accord with no children. The
second quote was generated in 2010 for a relatively safe 45-
year-old male driver of a 2005 Honda Accord with a wife and


                              23
THE ULTIMATE GUIDE TO BUYING CAR INSURANCE IN OHIO

two children, all of whom are included on the policy (your
rates will likely vary based on a number of factors). As you
will see, the cost of upgrading from a “bare bones” policy to
a “middle of the road” policy can be as little as six or seven
dollars per month! When you consider the added security
and peace of mind thatfamily, spending a few extra dollars per month on
 insurance can provide for your additional insurance can provide for
your family, spending a few you would like a listper month on car
 car insurance is really a no-brainer! If
                                          extra dollars of reputable insurance
 agents, our office would be happy to provide that to you free of charge. Give us
insuranceatis really a no-brainer! If you would like a list of
 a call today 419-241-1395.
reputable insurance agents, our office would be happy to
provide that to you free of charge. Give us a call today at
419-241-1395.

Quote for a 27-year-old unmarried male driver of a 2005
Honda Accord with no children: of a 2005 Honda Accord with no
 Quote for a 27-year-old unmarried male driver
 children:

             Coverage Amount                        Monthly Premium

 Liability: $12,500 per person / $25,000 per
 accident / $7,500 property damage.
                                                     $38.68 / month
 UM/UIM: $12,500 per person / $25,000 per
 accident.


 Liability: $15,000 per person / $30,000 per
 accident / $10,000 property damage.
                                                     $39.18 / month
 UM/UIM: $15,000 per person / $30,000 per
 accident.


 Liability: $25,000 per person / $50,000 per
 accident / $10,000 property damage.
                                                     $40.85 / month
 UM/UIM: $25,000 per person / $50,000 per
 accident.


 Liability: $50,000 per person / $100,000
 per accident / $25,000 property damage.

 UM/UIM: $50,000 per person / $100,000
 per accident.                                       $45.01 / month




                                                                             20

                                               24
THE ULTIMATE GUIDE TO BUYING CAR INSURANCE IN OHIO




Liability: $100,000 per person / $300,000
per accident / $50,000 property damage.
                                                     $52.51 / month
UM/UIM: $100,000 per person / $300,000
per accident.


Liability: $250,000 per person / $500,000
per accident / $100,000 property damage.
                                                     $56.35 / month
UM/UIM: $250,000 per person / $500,000
per accident.


Quote for a 45-year-old male driver of a 2005 Honda Accord with a wife and two
children, all of whom are included on the policy:

            Coverage Amount                        Monthly Premium

Liability: $12,500 per person / $25,000 per
accident / $7,500 property damage.
                                                     $54.67 / month
UM/UIM: $12,500 per person / $25,000 per
accident.


Liability: $15,000 per person / $30,000 per
accident / $10,000 property damage.
                                                     $55.83 / month
UM/UIM: $15,000 per person / $30,000 per
accident.


Liability: $25,000 per person / $50,000 per
accident / $10,000 property damage.
                                                     $59.33 / month
UM/UIM: $25,000 per person / $50,000 per
accident.


Liability: $50,000 per person / $100,000
per accident / $25,000 property damage.

UM/UIM: $50,000 per person / $100,000
                                                     $63.00 / month
per accident.




                                                                             21




                                              25
THE ULTIMATE GUIDE TO BUYING CAR INSURANCE IN OHIO


  Liability: $100,000 per person / $300,000
  per accident / $50,000 property damage.
                                                         $72.67 / month
  UM/UIM: $100,000 per person / $300,000
  per accident.


  Liability: $250,000 per person / $500,000
  per accident / $100,000 property damage.
                                                         $82.00 / month
  UM/UIM: $250,000 per person / $500,000
  per accident.


  So in effect, for a single male, the difference between an absolutely stripped
So in effect, for a single male, secure $100,000 / $300,000 policy an
 $12,500 / $25,000 policy and a much more the difference between is
absolutely stripped married couple with two children, the difference is $18
 $13.83 per month. For a $12,500 / $25,000 policy and a much
 per month.
more secure $100,000 / $300,000 policy is $13.83 per month.
For light of everything discussed above, the question you have to ask yourself $18
 In a married couple with two children, the difference is is,
 “Is it worth it for me to spend a few extra dollars per month to protect myself and
per month.
 my family’s financial future, or do I want to run a big risk of having to call a
  bankruptcy attorney after an accident?”
InPeople often think to themselves, “Well, I have medical insurance to cover my
    light of everything discussed above, the question you
have to bills if Iyourself is, “Isso I worth it much autoto spend Butfew
  medical ask am in an accident, it don’t need for me insurance.” a
extra these people often fail to realizeprotect myself and my family’s
  what dollars per month to is that medical insurance only covers
  medical bills. It will not cover you if you cause an accident and are sued by the
financial future, or do I require you run a time off work. Your auto to call
  other driver or if your injuries
                                   want to to take big risk of having
a insurance will cover these expenses an lost wages, while your medical
   bankruptcy attorney after and accident?”
  insurance will not!

People often think to themselves, “Well, I have medical
insurance to cover my medical bills if I am in an accident, so
I don’t need much auto insurance.” But what these people
often fail to realize is that medical insurance only covers
medical bills. It will not cover you if you cause an accident
and are sued by the other driver or if your injuries require you
to take time off work. Your auto insurance will cover these
expenses and lost wages, while your medical insurance will
not!
                                                                                   22




                                              26
THE ULTIMATE GUIDE TO BUYING CAR INSURANCE IN OHIO


WE CAN HELP YOU
The authors of this book have over 50 years of combined
legal experience.

Charles E. Boyk has been in private practice for over 25
years and heads the Charles E. Boyk Law Offices, LLC.
During his career, he has handled thousands of personal
injury cases ranging from small whiplash injuries to wrongful
death claims. He has conducted numerous seminars for
other attorneys to help them understand the world of
personal injury law. In addition to his personal injury work,
Chuck has represented thousands of criminal defendants,
handling everything from routine traffic offenses to murder
cases.

Michael A. Bruno also has been practicing law for over 25
years. Mike, who has been named an Ohio Super Lawyer,
has a unique background that benefits our clients. As an
assistant Lucas County prosecutor, he handled thousands
of felony cases, including death penalty murder cases.
As an insurance defense attorney, he handled serious
personal injury cases representing insurance companies.
That experience has provided him with invaluable insight
into how insurance companies will view our cases. Mike
has handled more than 100 jury trials, is Board Certified
by the National Board of Trial Advocacy, and is AV rated
by Martindale Hubbell, the highest rating an attorney can
receive.




                             27
THE ULTIMATE GUIDE TO BUYING CAR INSURANCE IN OHIO

Nicholas M. Dodosh obtained his Bachelor’s Degree from
Miami University of Ohio where he was a double major in
Political Science and Communications.  He graduated from
Miami with honors in 2006, and immediately went on to
attend law school at the University of Akron School of Law. 
While in law school, Nick was selected to serve as Assistant
Editor of the Akron Law Review, an honor reserved for only
the top law students.  Nick was also a member of Akron
Law’s nationally ranked trial team, which is considered by
U.S. News and World Report to be one of the top 10 trial
advocacy programs in the nation.




                            28
THE ULTIMATE GUIDE TO BUYING CAR INSURANCE IN OHIO


Conclusion
We hope that this book has served as a helpful reference
tool for understanding how to buy auto insurance in Ohio.
The process can be complicated, but selecting the right
insurance agent—one with the experience, patience, and
knowledge to guide you through the process—can make all
the difference.

If you think our firm can help you with a case, please call
us at 419-241-1395 or 800-637-8170. A receptionist will
gather some information from you and connect you with a
lawyer. We’ll schedule a free consultation and give you our
professional opinion about whether or not we can help. In
addition, we would be more than happy to recommend you
to a qualified insurance agent who can answer any additional
questions that you may have on the topic of auto insurance.
To learn more about our firm, please visit our website at
www.CharlesBoyk-Law.com.

We have six offices in northwest Ohio where we can meet
with you and discuss your case. We’ll work hard to get the
best result for you.




                            29
THE ULTIMATE GUIDE TO BUYING CAR INSURANCE IN OHIO


THIS BOOK DOES NOT
OFFER LEGAL ADVICE
We’re happy that you’ve taken time to read our book. You
should note, however, that ordering or reading our book does
not create an attorney-client relationship. We also aren’t
offering a legal opinion in these pages because every case
is different. If you want our legal opinion, please contact us
at 800-637-8170 or 419-241-1395. We’ll be happy to set up
a free meeting with you.




                             30
THE ULTIMATE GUIDE TO BUYING CAR INSURANCE IN OHIO


FIVE FREE BONUS OFFERS
We would like to let you know that our firm offers all of the
following services free of charge.

1. Free insurance review
On page 33 there is a short and easy insurance review
form that you can fill out. Let us know your current level of
coverage and one of our attorneys will review the information
and send you back an analysis of whether your coverage is
satisfactory or could use a little help.

2. Free copy of our firm’s other books
On page 34 there is a book order form that you can fill out.
Put a check next to the books that you would like to receive
and we will send them out to you right away, for free.

3. Free referral to a trusted insurance agent to offer you
good insurance advice
On page 35 there is an insurance agent referral form that
you can fill out. Through the years, our firm has come to
know a lot about the most knowledgeable, reputable, and
trustworthy insurance agents and companies. We would be
happy to share this information with you free of charge.

4. Free monthly paper newsletter or e-mail newsletter
On page 35 there is a paper newsletter and email newsletter
order form that you can fill out. You can sign up for one or
both! Over 6,000 people enjoy our paper newsletter every
month. Our newsletters include information on everything
from interesting and easy-to-understand legal news to
mouthwatering home cooked meal recipes from our firm
staff.


                             31
THE ULTIMATE GUIDE TO BUYING CAR INSURANCE IN OHIO

5. Free key tag protection program for you and your
family
On page 35 there is a key tag protection order form that you
can fill out. We will provide you with a key return tag to put on
your key ring that includes our office’s contact information.
If a Good Samaritan finds your keys and returns them to our
office, we will provide that person with a cash reward and
set up a meeting time to have your keys returned to you.




                               32
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                                                        
                                                
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                                              
                                                  
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                                               
                                           
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                                              
                                                  
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                                         
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       
                                    
                             
                                               
           

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The Ultimate Guide to Buying Car Insurance in Ohio

  • 1. THE ULTIMATE GUIDE TO BUYING CAR INSURANCE IN OHIO “How to Protect Yourself and Your Family” By Attorneys: Charles E. Boyk • Michael A. Bruno • Nicholas M. Dodosh For five FREE bonus offers from Charles E. Boyk Law Offices, LLC, see page 31!
  • 2. Copyright © 2011 by Charles E. Boyk, Michael A. Bruno and Nicholas M. Dodosh All rights reserved. No part of this book may be used or reproduced in any manner whatsoever without written permission of the author(s). Printed in the United States of America. ISBN-10: 0-615-43952-7 ISBN-13: 9780615439525 Charles E. Boyk Law Offices, LLC 405 Madison Avenue, Suite 1200 Toledo, Ohio 43604 www.charlesboyk-law.com
  • 3. THE ULTIMATE GUIDE TO BUYING CAR INSURANCE IN OHIO Preface Why We Wrote This Book: I have been a personal injury attorney in Ohio for the last 27 years. Our law firm has represented thousands of people injured in car accidents over those years. On a regular basis I see that my clients are victims three times. First, they are victims of a car accident. Second, they are victims of the at-fault driver having inadequate insurance to cover my clients’ injuries (or worse, no insurance at all). Third, my clients’ uninsured/underinsured motorist coverage is either nonexistent or is insufficient. The goal of this book is to provide honest, easy-to- understand information, written in plain English, so that Ohio accident victims can learn how to protect themselves and their families. Charles E. Boyk January 1, 2011 3
  • 4. THE ULTIMATE GUIDE TO BUYING CAR INSURANCE IN OHIO Quick tips for buying ohio auto insurance Know the extent of your coverage–Just about everyone thinks they have “full coverage” when it comes to their auto insurance. However, there’s a good chance your insurance doesn’t cover you as well as you think! Knowing the extent of your coverage now can save you a lot of trouble later. Uninsured and Underinsured Motorist Coverage–Make sure that you have plenty of uninsured motorist (UM) and underinsured motorist (UIM) coverage. This type of coverage protects you if you are involved in an accident with an irresponsible driver who has little or no insurance. Having UM and UIM coverage can mean the difference between getting the compensation you deserve and getting nothing at all. Umbrella Policies–You should seriously consider purchasing an umbrella policy. An umbrella policy will provide you with additional insurance to protect your assets in case your other policies (homeowners, liability, UM/UIM, etc.) do not provide you with enough coverage or compensation. An umbrella policy gets its name from the fact that it sits on top of your other policies and provides an additional layer of protection. Umbrella policies protect you from being left personally on the hook for damages you cause to others, or from being left without any compensation for damages suffered by you or your family. 4
  • 5. THE ULTIMATE GUIDE TO BUYING CAR INSURANCE IN OHIO Family Exclusion–Make sure that your policy does not have the so-called “family exclusion.” Most people assume their insurance policy will provide coverage if their family members are injured in an accident. However, depending on your insurance carrier, it may be the case that loved ones traveling with you in your car will have little or no coverage at all if you are at fault for the accident! Some insurance companies have this “family exclusion” and some do not. It is vital to know where you stand in order to be completely aware of your level of coverage. Buy As Much Insurance as You Can Afford—It is vital to buy as much insurance as you can afford. There’s no denying that times are tough, and many people are trying to save money by cutting back on their insurance coverage. However, this can end up hurting you financially significantly more than it helps you. In order to maximize your chances at being protected in the event of an accident, there are certain aspects of your policy that you should never skip out on. 5
  • 6. THE ULTIMATE GUIDE TO BUYING CAR INSURANCE IN OHIO BUYING CAR INSURANCE First, you should know that you are not alone in buying car insurance. Everyone in Ohio must buy car insurance — it’s illegal to operate a vehicle in the state without it! If you get pulled over and don’t have proof of insurance, you will suffer some or all of the following penalties: • Loss of driving privileges for a minimum of 90 days and up to two years; • License plate and vehicle registration suspension; • License plate reinstatement fees of $125 for the first violation; • Requirements to regularly register with the BMV to prove insurance coverage for a minimum of three years and up to five years; • Vehicle immobilization and confiscation of plates for 30 to 60 days if the driver violates the suspension. If you’re like most people you can’t afford to go 90 days, let alone two years, without the ability to drive a car! Don’t risk it! Now, there’s no question that buying insurance can be confusing. What type of insurance do you need? How do you get the insurance? How will the insurance be applied to you in the event of an accident? This book will attempt to clear things up. It will give you the basic information you 6
  • 7. THE ULTIMATE GUIDE TO BUYING CAR INSURANCE IN OHIO need to allow you to have an intelligent conversation with an insurance agent so you can buy the policy that is right for you. Of course, the best way to make sure that you are adequately insured is to consult a knowledgeable insurance agent who will look out for your best interest. They’re the pros, and they can explain everything to you in terms that make insurance easier to understand. This book is intended as a supplemental resource for you to use as you buy your auto insurance. We hope you find it helpful. If you have any questions about an accident in which you, a family member, or a friend have been injured, please feel free to give us a call at 419-241-1395 or 800-637- 8170. You can also visit our website at www.CharlesBoyk- Law.com. 7
  • 8. THE ULTIMATE GUIDE TO BUYING CAR INSURANCE IN OHIO Ohio Car Insurance Basics So, you may be asking yourself, “How do I know what kind of coverage I currently have?” or, “How do I know what kind of coverage I will have if I upgrade my policy?” For a brief overview of your current or potential auto insurance policy, you should take a look at the “declarations page” (commonly referred to as the “dec page”). An auto insurance policy declarations page is essentially a brief summary of the policy that provides all of the basic information you need to know about the policy. The declarations page consists of information such as: • Insurance company name • Policy number • Policy period (the effective date and the expiration date) • Named insured and address • Vehicle description • Coverage (type and limits) • Premium amount • Loss payee, lien holder, additional interest, or additional insured (the finance company, leasing company, or person listed as owning an interest in the car) • Endorsements (changes made to the policy or special conditions) A typical declaration page (or “dec page”) follows: 8
  • 9. THE ULTIMATE GUIDE TO BUYING CAR INSURANCE IN OHIO (Photo credit: www.onlineautoinsurance.com/learn/declarations.jpg - Dec. 28, 2010) If you have your current or potential declaration page handy, you may want to refer to it as you read through the rest of this book. Now, let’s get into some of the things that you need to know before purchasing your policy: • In Ohio, the legal minimum liability limits are as follows: $12,500 per person (up to a total of $25,000 per accident) and $7,500 for property damage per accident. In “insurance lingo,” these minimum limits are commonly referred to as $12,500/$25,000/$7,500. But be careful! Just because you are “legal” does not mean that you or your family are adequately protected. Read on! 9
  • 10. THE ULTIMATE GUIDE TO BUYING CAR INSURANCE IN OHIO • Almost all insurers also offer “optional” coverage. As you will see, some of this “optional” coverage really should not be optional at all, especially the uninsured and underinsured motorist coverage! Optional coverage usually includes: • “Uninsured motorist” (UM) and “underinsured motorist” (UIM) coverage, which kicks in if you are hit by an uninsured driver (no insurance) or underinsured driver (not enough insurance) • “Medical payments coverage” (MedPay), which pays medical expenses resulting from an auto accident • “Collision” coverage, which covers damage to your car when your car hits, or is hit by, another vehicle or other object • “Comprehensive” coverage, which covers your vehicle for losses resulting from incidents other than a collision • In addition, many insurers offer additional optional coverage such as gap coverage, roadside assistance, and rental reimbursement. These are the truly optional types of coverage. • You should also know: Ohio uses a traditional tort liability system with comparative negligence. What does this mean? Simply put, if you’re involved in an accident, a decision will be made one way or another as to who is at fault and by how much. The insurance company of the at-fault person will then pay the injured parties according to the percentage of fault. The exact amount of this payment is of course determined by the amount of damage caused in the accident. 10
  • 11. THE ULTIMATE GUIDE TO BUYING CAR INSURANCE IN OHIO What you need to know about buying auto insurance in Ohio 1. Know the extent of your coverage If you are like most people who have purchased auto insurance, you think you have “full coverage” and will be completely taken care of if you are involved in an accident. Unfortunately, chances are you are not fully covered! Most people have the more common types of insurance: liability, collision, and comprehensive. While these are important kinds of insurance to have, they are not the only kinds that a person needs in order to be adequately protected. Let’s discuss the different types of insurance one at a time so that you will know what your agent is talking about when it comes time for you to buy your policy. Liability insurance Imagine that you are driving along, you take your eyes off the road for a second, the person in front of you brakes, and you collide with the rear of the person’s car. The driver of the car suffers whiplash and sues you for the cost of their medical bills. This is the type of situation where your liability insurance kicks in. Liability insurance covers other people’s bodily injuries or death for which you are responsible. Liability insurance also provides you with a legal defense if the other party to the crash files a lawsuit against you. Claims for bodily injury may be for things such as medical 11
  • 12. THE ULTIMATE GUIDE TO BUYING CAR INSURANCE IN OHIO bills, loss of income, or pain and suffering. If you get in a serious accident, you obviously want enough insurance to cover a judgment against you in a lawsuit so that you don’t have to dip into your personal assets, or worse – have to declare bankruptcy. It is important to realize that bodily injury liability covers injury to people, but does not cover damage to your vehicle. Also, keep in mind that bodily injury liability doesn’t cover you or other people on your policy! Liability limits come in two forms: combined single limits and split limits: • Combined single limits means that property damage and bodily injury are combined into one amount. EXAMPLE: After a long day at work, you are driving home and cause an accident that damages a telephone pole and causes injury to another person. With combined single limits, the claim to repair the telephone pole and the claim based on the injured person’s medical bills would pay out from the same coverage. • Split limits policy means that property damage and bodily injury are split into two separate amounts. EXAMPLE: The cost to repair the telephone pole you damaged would be paid from your property damage coverage, and the injuries the other person sustained would be paid for with your bodily injury coverage. Bodily injury liability coverage is usually split into a maximum payment per person and a maximum payment per accident and is written in this way: “bodily injury per person”/“bodily injury per accident”/“property damage.” 12
  • 13. THE ULTIMATE GUIDE TO BUYING CAR INSURANCE IN OHIO EXAMPLE: Let’s say a driver has $15,000 of coverage for injury/death to another person, $30,000 for injury/death to more than one person, and $7,500 for property damage ($15,000/$30,000/$7,500). If that driver hits a car full of people and is found to be at fault, the insurance company will pay $15,000 of one person’s medical bills, but will not exceed $30,000 for the other people injured in the accident. The insurance company will not pay more than $7,500 for property damage to repair the vehicle that the at-fault driver hit. Collision coverage Imagine again that you are driving along, you take your eyes off the road for a second, the person in front of you brakes, and you collide with the rear of the person’s car. The front of your car is completely smashed in and will cost over $1,000 to fix. This is the type of situation where your collision coverage kicks in. Collision coverage provides insurance coverage for your car if you’re involved in an accident. It is designed to cover repairs to the damaged vehicle or to give you the cash value of your car if it is considered totaled (i.e. the cost to repair is greater than the value of the car). Collision coverage is subject to a deductable that you will have to pay out of pocket. The higher your deductable, the lower your premiums will be. You may want to consider dropping this coverage if your car is older since this coverage is normally limited to the cash value of your car. 13
  • 14. THE ULTIMATE GUIDE TO BUYING CAR INSURANCE IN OHIO Comprehensive coverage Imagine that you are shopping at the mall and you come out to your car only to discover that thieves looking for money have smashed the driver’s side window in. This is the type of situation where your comprehensive coverage kicks in. Comprehensive coverage covers damage to your vehicle that does not result from a collision. For example, comprehensive coverage would protect you in the event of a fire, theft, vandalism, weather damage, or impact with an animal. Comprehensive coverage is subject to a deductable that you will have to pay out of pocket. To keep your premiums down, you can choose a larger deductible, but keep in mind that you will pay more out of pocket if you have to make a claim. Understanding and knowing your limits and what they mean is vital to making sure you are protected in the event of an accident. However, there are other types of very important insurance to think about before you can consider yourself “fully covered.” Read on! 2. Uninsured and Underinsured Motorist Coverage Imagine that you are hit and injured by a driver who carries little or no insurance. Or worse, imagine that the driver who hit you speeds off after the accident. As we discussed above, your liability insurance only covers other people’s bodily injuries or death for which you are responsible! Since you didn’t cause the accident, your liability insurance won’t provide you with any compensation. You are stuck with hundreds of thousands of dollars in damages. Now what? 14
  • 15. THE ULTIMATE GUIDE TO BUYING CAR INSURANCE IN OHIO This type of situation occurs frequently, and it is the reason you want to carry plenty of uninsured and underinsured motorist coverage. These types of policies, often abbreviated UM (uninsured motorist) and UIM (underinsured motorist), protect you if you are involved in an accident with an irresponsible driver who carries little or no auto insurance or if you are involved in an accident with a hit-and-run driver. Both UM and UIM apply to you and any passengers in your car, and to you and others listed on your insurance policy (including family members) when in other cars. Uninsured drivers come in several different forms. They might not have any insurance at all. They might have insurance that does not meet state-mandated minimum liability requirements. Their insurance company could deny their claim or not be able to pay it. If you are hit by an uninsured driver and you do not have uninsured motorist protection, you will not receive any compensation from either your insurance provider or the other driver’s. An underinsured driver  meets minimum legal financial responsibility requirements but does not have payment limits high enough to cover the damage he or she caused. In this case, if you are involved in an accident with an underinsured driver and you do not carry UIM coverage, you will only receive as much as their policy limits allow, even if that amount does not cover your medical bills, property damage, and other expenses! 15
  • 16. THE ULTIMATE GUIDE TO BUYING CAR INSURANCE IN OHIO Underinsured motorist protection pays you for damages that exceed the payment limits carried by the underinsured driver. It will pay up to the limits of your policy after subtracting the amount paid by the other driver’s insurance—in other words, the amount listed as your UIM limit is the total amount paid by both insurance companies. If the other driver’s insurance only pays a third of your policy value, your insurance will kick in the other two thirds, but no more. This is probably one of the most difficult auto insurance concepts to grasp. The chart below illustrates what you for justupdiscussed paymentshould Underinsured motorist protection pays we damages that exceed the and limits carried by the underinsured driver. It will pay to the limits of your policy help clear things up. paid by the other driver's insurance—in other words, after subtracting the amount the amount listed as your UIM limit is the total amount paid by both insurance companies. If the other driver’s insurance only pays a third of your policy value, your insurance will kick in the other two thirds, but no more. This is probably one of the most difficult auto insurance concepts to grasp. The chart below illustrates what we just discussed and should help clear things up. Your Amount of Bad Driver’s Your Claim is Bad Driver’s Your Insurance Your Total UM/UIM Liability Worth Insurance Pays Recovery Coverage Coverage Company Pays You $12,500 $0 (uninsured) $100,000+ $0 $12,500 $12,500 (uninsured) $0 $12,500 (If the bad driver’s $12,500 $12,500 $100,000+ $12,500 liability coverage matches your UM/UIM, you cannot collect from your insurance company.) $12,500 $25,000 $100,000+ $25,000 $0 $25,000 (If the bad driver had more liability coverage than you had in UM/UIM, you cannot collect from your insurance company.) 13 16
  • 17. THE ULTIMATE GUIDE TO BUYING CAR INSURANCE IN OHIO $12,500 $50,000 $100,000+ $50,000 $0 $50,000 (If the bad driver had more liability coverage than you had in UM/UIM, you cannot collect from your insurance company.) $50,000 $50,000 $100,000+ $50,000 $0 $50,000 (If the bad driver’s liability coverage matches your UM/UIM, you cannot collect from your insurance company.) $100,000 $25,000 $100,000+ $25,000 $75,000 $100,000 (Your insurance company will subtract the amount paid by the bad driver’s insurance company.) $100,000 $50,000 $100,000+ $50,000 $50,000 $100,000 (Your insurance company will subtract the amount paid by the bad driver’s insurance company.) $100,000 $100,000 $100,000+ $100,000 $0 $100,000 (If the bad driver’s liability coverage matches your UM/UIM, you cannot collect from your insurance company.) 14 As you can see from the above chart, without adequate UM/UIM coverage, you run the risk of being significantly undercompensated if you are in an accident with an uninsured or underinsured driver! Our law firm has seen far too many cases where the victims of an accident do not receive the compensation they deserve because they did not have UM or UIM coverage. 17
  • 18. THE ULTIMATE GUIDE TO BUYING CAR INSURANCE IN OHIO In a recent case, our client was seriously injured in a crash with an uninsured motorist. While our client had $12,500 in uninsured motorist coverage, his initial hospital stay cost over $180,000. He followed up with a long nursing home stay, months off work, and no income to support his children. Obviously, the $12,500 he received in UM coverage will not even come close to covering all of his expenses. In one of the current cases our firm is handling, our client suffered a brain injury, broken clavicle, collapsed lung, broken facial bones, and broken teeth. While these are severe and permanent injuries, our client has no insurance coverage and the defendant has only $100,000 in coverage. In this instance, a case that is worth well over $500,000 will settle for the $100,000 policy limits. An even worse situation is a case where our client and the defendant both have no insurance coverage. The client had a three-month hospital stay, a brain injury, broken facial bones, permanent speech and mental impairments, and will never be able to return to his prior employment. This case should be worth well over $1 million, but will result in no recovery and severe hardship for our client and his family. The lesson to be learned is that it is up to you to protect yourself and your family. Even though it is illegal to drive without insurance in the state of Ohio, there are regrettably many, many people who still do so. Carrying UM and UIM policies gives you a guarantee that you will still receive the compensation you deserve in the event that you are involved in an accident with a driver who falls into the UM or UIM categories. 18
  • 19. THE ULTIMATE GUIDE TO BUYING CAR INSURANCE IN OHIO UM/UIM coverage is not necessarily going to be automatically included in your policy, but any good insurance agent will strongly encourage you to add it on – and you should listen. Adding UM/UIM can often be done for a very low cost (less than $10 extra per month), and is definitely worth the extra investment to make sure you and your family are protected! 3. Umbrella Policies Imagine that you cause a bad accident and the jury awards the plaintiff $1 million. Your insurance company pays out the policy limits of $300,000. You are personally on the hook for the other $700,000. Now what? Well, you will be wishing you had an umbrella insurance policy, because at this point bankruptcy and losing your personal assets may be the only option. Umbrella policies serve as an “extra level” of coverage and can cover a range of various other insurance policies such as homeowners insurance and car insurance, including coverage for both liability and UM/UIM. Umbrella policies kick in to protect your assets in the event that your other liability policies get maxed out. They are typically sold in $1 million denominations and can be inexpensive. An umbrella policy essentially provides a broader insurance coverage range with higher liability limits—in other words, if you get sued for more than what your primary limits allow, your umbrella policy will kick in and cover the extra expenses. Primary policies generally cover bodily injury and property damage, but an umbrella can also include personal injury, property damage, or bodily injury caused by you, your pets (as in a dog bite case), or other people on your policy. 19
  • 20. THE ULTIMATE GUIDE TO BUYING CAR INSURANCE IN OHIO A typical umbrella policy does not have a deductable and will kick in immediately once your other insurance policies are exhausted. For example, let’s say that you have a $500,000 auto liability policy and a $2 million umbrella policy. Let’s also say that you cause an accident, injure a family, and have a $2.5 million judgment rendered against you. In this scenario, the first thing that will happen is that your auto insurance company will pay out the $500,000 liability limits. After your auto insurer makes this payment, your umbrella carrier will kick in and cover the remaining $2 million. As you can see, having this umbrella policy in place may have just prevented you from having to declare bankruptcy. For this reason and many others, it is an excellent idea to buy both a liability umbrella and a UM/UIM umbrella policy. You can oftentimes add a $1 million umbrella on top of a $300,000 liability policy for as little as $40 per vehicle per year. Talk with a reputable insurance agent to see just how affordable an umbrella policy can be. After seeing the horrible tragedies that result from inadequate insurance coverage, attorney Charles Boyk has large limits to protect himself and his family. “I carry a $500,000 underlying liability/un/underinsured motorist policy with a $2 million umbrella, with both liability and un/underinsured motorist coverage,” Boyk stated. “This $2.5 million in liability/ un/underinsured coverage is crucial to protect my family.” 4. Family Exclusion Most people buy “full coverage” insurance thinking that they are getting coverage for all negligent driving – even if it is their family member who negligently causes the accident. However, this is not always the case. Some automobile insurance policies contain an exclusion known as the 20
  • 21. THE ULTIMATE GUIDE TO BUYING CAR INSURANCE IN OHIO “Family,” “Household,” or “Intra-Family” Exclusion. A family exclusion is a clause stating that the insurance company won’t pay for a family member’s death or injuries if another family member causes the accident. This exclusion essentially limits the bodily injury liability coverage available to family members who are injured as a result of the negligence of another family member. The purpose of the family exclusion is to prevent two insured family members from colluding to take advantage of the insurance system. However, the family exclusion means that an auto accident that is your fault can leave your family with limited or no coverage. The family exclusion can be difficult to understand. An example may help to clear things up. Let’s say that Dad purchases an automobile insurance policy with $100,000/$300,000 liability, $100,000/$300,000 UM/UIM, and $5,000 medical payments (per person). A few weeks later, Dad, Mom, and their three kids are traveling along in the family car. Dad takes his eyes off the road for a second and causes an accident, which severely injures the three kids and results in hundreds of thousands of dollars in medical bills. If the automobile insurance policy Dad bought had a family exclusion, the children are not entitled to any of the $100,000/$300,000 liability or UM/UIM coverage Dad purchased. Rather, the kids are only entitled to receive $5,000 per person “medical payments coverage” for a total of $15,000. Attorney Charles Boyk has handled real-life cases that demonstrate the chilling consequences of the family exclusion. Mr. Boyk stated, “In one of the family exclusion cases, a husband was responsible for the accident and his passenger, his wife, needed torn rotator cuff surgery on her 21
  • 22. THE ULTIMATE GUIDE TO BUYING CAR INSURANCE IN OHIO left shoulder. No recovery was possible due to the family exclusion.” Mr. Boyk went on, “In another case, a husband caused his wife to need physical therapy over a six month time period and she had to be off work for an extended period of time. Once again, no recovery for the pain or income loss was available because of the family exclusion.” The moral of the story is that the family exclusion in an otherwise full coverage auto insurance policy can leave you and your family open to devastating financial liabilities after an auto accident. Obviously, you want to make sure that the automobile insurance policy that you purchase does not have a family exclusion. A family exclusion typically states something like, “Our coverage will not apply to any insured person for bodily injury to you or a relative.” Based upon an informal survey conducted by Charles E. Boyk Law Offices, LLC, the companies that do not have the family exclusion (thereby providing coverage for you and your family) include: Grange, Motorist, and Nationwide. Companies that do have the exclusion (and therefore do not protect your entire family in the event of an accident) include: Allstate, Erie, Geico, Liberty Mutual, Progressive, and State Farm. However, to ensure that your specific policy meets your coverage expectations, you should ask your insurance agent if your policy contains a family exclusion, and if so, you should consider purchasing additional coverage to ensure that your family members are covered for bodily injury. Communicating with your insurance agent is one way to ensure you do not get caught up in a threat to your family’s financial future. 22
  • 23. THE ULTIMATE GUIDE TO BUYING CAR INSURANCE IN OHIO 5. Buy As Much Insurance as You Can Afford If you are shopping for automobile insurance on a limited budget, the three most important things to be concerned about are liability limits, UM/UIM limits, and MedPay limits. Even among these three, you want to always make sure that you have the highest liability limits you can afford. At a minimum, make sure you have liability and UM/UIM limits of $100,000 each person/$300,000 each accident. The rationale is that the higher your liability limits are, the less chance you have of being sued and potentially having to declare bankruptcy. If you are shopping for car insurance and your budget allows you to spend a bit more, you will want to make sure that you have liability and UM/UIM limits of at least $250,000 each person/$500,000 each accident. You should also have significant medical payments coverage of at least $10,000 for each person. In addition, you should buy an umbrella policy that includes UM/UIM coverage. If your budget allows, you should also consider purchasing useful benefits that cover the most common losses. These benefits include zero deductable, glass coverage, AAA, and first accident and ticket forgiveness. But keep in mind, these optional benefits are optional for a reason; they are luxuries even though they happen most often. Your agent will be able to explain the ins and outs of these benefits, which will allow you to make an informed and educated decision. The following are two insurance quotes. The first quote was generated in 2010 for a relatively safe 27-year-old unmarried male driver of a 2005 Honda Accord with no children. The second quote was generated in 2010 for a relatively safe 45- year-old male driver of a 2005 Honda Accord with a wife and 23
  • 24. THE ULTIMATE GUIDE TO BUYING CAR INSURANCE IN OHIO two children, all of whom are included on the policy (your rates will likely vary based on a number of factors). As you will see, the cost of upgrading from a “bare bones” policy to a “middle of the road” policy can be as little as six or seven dollars per month! When you consider the added security and peace of mind thatfamily, spending a few extra dollars per month on insurance can provide for your additional insurance can provide for your family, spending a few you would like a listper month on car car insurance is really a no-brainer! If extra dollars of reputable insurance agents, our office would be happy to provide that to you free of charge. Give us insuranceatis really a no-brainer! If you would like a list of a call today 419-241-1395. reputable insurance agents, our office would be happy to provide that to you free of charge. Give us a call today at 419-241-1395. Quote for a 27-year-old unmarried male driver of a 2005 Honda Accord with no children: of a 2005 Honda Accord with no Quote for a 27-year-old unmarried male driver children: Coverage Amount Monthly Premium Liability: $12,500 per person / $25,000 per accident / $7,500 property damage. $38.68 / month UM/UIM: $12,500 per person / $25,000 per accident. Liability: $15,000 per person / $30,000 per accident / $10,000 property damage. $39.18 / month UM/UIM: $15,000 per person / $30,000 per accident. Liability: $25,000 per person / $50,000 per accident / $10,000 property damage. $40.85 / month UM/UIM: $25,000 per person / $50,000 per accident. Liability: $50,000 per person / $100,000 per accident / $25,000 property damage. UM/UIM: $50,000 per person / $100,000 per accident. $45.01 / month 20 24
  • 25. THE ULTIMATE GUIDE TO BUYING CAR INSURANCE IN OHIO Liability: $100,000 per person / $300,000 per accident / $50,000 property damage. $52.51 / month UM/UIM: $100,000 per person / $300,000 per accident. Liability: $250,000 per person / $500,000 per accident / $100,000 property damage. $56.35 / month UM/UIM: $250,000 per person / $500,000 per accident. Quote for a 45-year-old male driver of a 2005 Honda Accord with a wife and two children, all of whom are included on the policy: Coverage Amount Monthly Premium Liability: $12,500 per person / $25,000 per accident / $7,500 property damage. $54.67 / month UM/UIM: $12,500 per person / $25,000 per accident. Liability: $15,000 per person / $30,000 per accident / $10,000 property damage. $55.83 / month UM/UIM: $15,000 per person / $30,000 per accident. Liability: $25,000 per person / $50,000 per accident / $10,000 property damage. $59.33 / month UM/UIM: $25,000 per person / $50,000 per accident. Liability: $50,000 per person / $100,000 per accident / $25,000 property damage. UM/UIM: $50,000 per person / $100,000 $63.00 / month per accident. 21 25
  • 26. THE ULTIMATE GUIDE TO BUYING CAR INSURANCE IN OHIO Liability: $100,000 per person / $300,000 per accident / $50,000 property damage. $72.67 / month UM/UIM: $100,000 per person / $300,000 per accident. Liability: $250,000 per person / $500,000 per accident / $100,000 property damage. $82.00 / month UM/UIM: $250,000 per person / $500,000 per accident. So in effect, for a single male, the difference between an absolutely stripped So in effect, for a single male, secure $100,000 / $300,000 policy an $12,500 / $25,000 policy and a much more the difference between is absolutely stripped married couple with two children, the difference is $18 $13.83 per month. For a $12,500 / $25,000 policy and a much per month. more secure $100,000 / $300,000 policy is $13.83 per month. For light of everything discussed above, the question you have to ask yourself $18 In a married couple with two children, the difference is is, “Is it worth it for me to spend a few extra dollars per month to protect myself and per month. my family’s financial future, or do I want to run a big risk of having to call a bankruptcy attorney after an accident?” InPeople often think to themselves, “Well, I have medical insurance to cover my light of everything discussed above, the question you have to bills if Iyourself is, “Isso I worth it much autoto spend Butfew medical ask am in an accident, it don’t need for me insurance.” a extra these people often fail to realizeprotect myself and my family’s what dollars per month to is that medical insurance only covers medical bills. It will not cover you if you cause an accident and are sued by the financial future, or do I require you run a time off work. Your auto to call other driver or if your injuries want to to take big risk of having a insurance will cover these expenses an lost wages, while your medical bankruptcy attorney after and accident?” insurance will not! People often think to themselves, “Well, I have medical insurance to cover my medical bills if I am in an accident, so I don’t need much auto insurance.” But what these people often fail to realize is that medical insurance only covers medical bills. It will not cover you if you cause an accident and are sued by the other driver or if your injuries require you to take time off work. Your auto insurance will cover these expenses and lost wages, while your medical insurance will not! 22 26
  • 27. THE ULTIMATE GUIDE TO BUYING CAR INSURANCE IN OHIO WE CAN HELP YOU The authors of this book have over 50 years of combined legal experience. Charles E. Boyk has been in private practice for over 25 years and heads the Charles E. Boyk Law Offices, LLC. During his career, he has handled thousands of personal injury cases ranging from small whiplash injuries to wrongful death claims. He has conducted numerous seminars for other attorneys to help them understand the world of personal injury law. In addition to his personal injury work, Chuck has represented thousands of criminal defendants, handling everything from routine traffic offenses to murder cases. Michael A. Bruno also has been practicing law for over 25 years. Mike, who has been named an Ohio Super Lawyer, has a unique background that benefits our clients. As an assistant Lucas County prosecutor, he handled thousands of felony cases, including death penalty murder cases. As an insurance defense attorney, he handled serious personal injury cases representing insurance companies. That experience has provided him with invaluable insight into how insurance companies will view our cases. Mike has handled more than 100 jury trials, is Board Certified by the National Board of Trial Advocacy, and is AV rated by Martindale Hubbell, the highest rating an attorney can receive. 27
  • 28. THE ULTIMATE GUIDE TO BUYING CAR INSURANCE IN OHIO Nicholas M. Dodosh obtained his Bachelor’s Degree from Miami University of Ohio where he was a double major in Political Science and Communications.  He graduated from Miami with honors in 2006, and immediately went on to attend law school at the University of Akron School of Law.  While in law school, Nick was selected to serve as Assistant Editor of the Akron Law Review, an honor reserved for only the top law students.  Nick was also a member of Akron Law’s nationally ranked trial team, which is considered by U.S. News and World Report to be one of the top 10 trial advocacy programs in the nation. 28
  • 29. THE ULTIMATE GUIDE TO BUYING CAR INSURANCE IN OHIO Conclusion We hope that this book has served as a helpful reference tool for understanding how to buy auto insurance in Ohio. The process can be complicated, but selecting the right insurance agent—one with the experience, patience, and knowledge to guide you through the process—can make all the difference. If you think our firm can help you with a case, please call us at 419-241-1395 or 800-637-8170. A receptionist will gather some information from you and connect you with a lawyer. We’ll schedule a free consultation and give you our professional opinion about whether or not we can help. In addition, we would be more than happy to recommend you to a qualified insurance agent who can answer any additional questions that you may have on the topic of auto insurance. To learn more about our firm, please visit our website at www.CharlesBoyk-Law.com. We have six offices in northwest Ohio where we can meet with you and discuss your case. We’ll work hard to get the best result for you. 29
  • 30. THE ULTIMATE GUIDE TO BUYING CAR INSURANCE IN OHIO THIS BOOK DOES NOT OFFER LEGAL ADVICE We’re happy that you’ve taken time to read our book. You should note, however, that ordering or reading our book does not create an attorney-client relationship. We also aren’t offering a legal opinion in these pages because every case is different. If you want our legal opinion, please contact us at 800-637-8170 or 419-241-1395. We’ll be happy to set up a free meeting with you. 30
  • 31. THE ULTIMATE GUIDE TO BUYING CAR INSURANCE IN OHIO FIVE FREE BONUS OFFERS We would like to let you know that our firm offers all of the following services free of charge. 1. Free insurance review On page 33 there is a short and easy insurance review form that you can fill out. Let us know your current level of coverage and one of our attorneys will review the information and send you back an analysis of whether your coverage is satisfactory or could use a little help. 2. Free copy of our firm’s other books On page 34 there is a book order form that you can fill out. Put a check next to the books that you would like to receive and we will send them out to you right away, for free. 3. Free referral to a trusted insurance agent to offer you good insurance advice On page 35 there is an insurance agent referral form that you can fill out. Through the years, our firm has come to know a lot about the most knowledgeable, reputable, and trustworthy insurance agents and companies. We would be happy to share this information with you free of charge. 4. Free monthly paper newsletter or e-mail newsletter On page 35 there is a paper newsletter and email newsletter order form that you can fill out. You can sign up for one or both! Over 6,000 people enjoy our paper newsletter every month. Our newsletters include information on everything from interesting and easy-to-understand legal news to mouthwatering home cooked meal recipes from our firm staff. 31
  • 32. THE ULTIMATE GUIDE TO BUYING CAR INSURANCE IN OHIO 5. Free key tag protection program for you and your family On page 35 there is a key tag protection order form that you can fill out. We will provide you with a key return tag to put on your key ring that includes our office’s contact information. If a Good Samaritan finds your keys and returns them to our office, we will provide that person with a cash reward and set up a meeting time to have your keys returned to you. 32
  • 33.                                                                                    33
  • 34. NEED MORE FREE BOOKS? Name: ____________________________________________________________ Address:___________________________________________________________ Cut here Email:_____________________________________________________________ Phone Number:_____________________ Fax Number:____________________ Number of FREE books requested: _____ The Ohio Accident Book _____ The Ohio Work Injury Book _____ The Ohio Dog Bite Book _____ The Ohio Wrongful Death Book _____ Little Kids, Big Accidents _____ The Ohio Motorcycle Accident Book Send this form back to us & we will send your FREE books IMMEDIATELY. Send us this form back one of three ways: Mail to: Book Request, 405 Madison Avenue, Suite 1200, Toledo, Ohio 43604 or Fax to: 419.241.8730 or Email to: info@charlesboyk-law.com There is no charge for these books and it does not establish an attorney/client relationship. Cut here Your information will not be disclosed to any third party. You will be added to our firm’s Free Newsletter Mailing List, The Boyk Bulletin, to receive important legal and insurance updates. If you do not want to be added to the list, please check below. _______ No, I do not want to be added to your mailing list to receive current legal news and information regarding insurance laws affecting drivers in Ohio. 405 Madison Avenue, Suite 1200, Toledo, Ohio 43604 www.charlesboyk-law.com | 419.241.1395 We have six offices in northwest Ohio to serve you. OAB-2010 34
  • 35.                                      35