Ohio is a tort state when it comes to car accidents. That means you file accident claims against another driver’s auto insurance policy and that company investigates the claim, the extent of your injuries, and the details surrounding the accident. They then make a determination as to fault and compensation. While you may be inclined to take their first offer and put the entire thing behind you, it is probably not in your best interest. Firstly, you may not be certain of the full extent of your injuries and how it will impair your ability to do your job. Secondly, that offer is likely significantly lower than what you would get if you have an attorney litigate your claim.
Our job as personal injury attorneys is to preserve the integrity of your claim, prevent the insurance company from blaming you for the accident, and get you as high a settlement as we can. Lafferty, Gallagher, & Scott have been litigating car accident claims since 1973. We have ensured that many clients have gotten a fair settlement after being injured in a car accident.
Ohio is known as a 25/50/25 state. That means every driver must carry a minimum of $25,000 of personal injury liability coverage per person, $50,000 of personal injury liability coverage per accident, and $25,000 in property damage. What happens if your injuries and expenses exceed $25,000? What if the other driver fled the scene of the accident or does not carry auto insurance?
In this case, you have two options. You can either sue the at-fault party directly against their assets (supposing you know who they are) or file a claim against your own underinsured/uninsured drivers insurance policy. Ohio requires that all insurance companies offer every driver uninsured/underinsured drivers coverage. However, if you have elected to decline this coverage, you may be out of luck. Even in cases in which you can sue the driver directly, they may not have sufficient assets to sue against. In that case, you can win a large jury award but they would be able to discharge the debt in bankruptcy.
If you are involved in an accident with a commercial truck, these companies carry large insurance policies to protect them from liability. However, sometimes they behave negligently either by putting dangerous trucks on the road or by putting dangerous drivers on the road. In that case, you may be able to sue the trucking company directly or the manufacturer of a defective part that caused the accident.
If you have been injured in a car accident, you will only get one chance to recover damages related to your injuries. Lafferty, Gallagher, & Scott, LLC has helped clients secure a settlement that represents the full value of their claim. Contact us today for a free consultation.
All of our partners are AV Peer Review Rated* through Martindale-Hubbell. Out-of-state referrals are welcome for all
areas of practice we handle, including personal injury, workers’ compensation and insurance claims issues.