Since Ohio is a tort (or personal injury) state when it comes to auto accidents, you will have to file a claim on an at-fault driver’s auto insurance to recover damages related to your injuries. At this point, the insurance carrier defends the claim on behalf of their policyholder. The Findlay auto accident attorneys at Lafferty, Gallagher, & Scott understand how important your insurance payout is to your financial stability. We offer quality representation to injured parties filing auto accident claims against negligent drivers.
There is no standard auto accident case. The size of your payment will be linked to how extensive your injuries are. That being said, most drivers are woefully under-insured. Some do not have insurance or even a driver’s license. Hence, there are three types of auto accident claims you can file in Ohio.
Most automobile insurance companies offer uninsured/underinsured driver’s insurance. While individual drivers can reject this coverage, they should not. If another driver does not have insurance, is only insured for the legal minimum, or flees the scene of an accident, you would have no means of recovery.
Negligence tends to be a pretty intuitive legal concept for the general public. In most cases, one driver is said to be negligent for an accident when they violate a traffic rule. Other negligence claims involve distracted or drunk driving, texting while driving, or recklessly operating a vehicle. A plaintiff must prove that the other driver contributed negligence. While they do not need to prove that the other driver was 100% negligent for the accident, the defendant cannot be less than 50% liable for the accident for a plaintiff to recover. Determinations of fault are generally rendered by a jury or as part of the negotiation process.
There are two elements to every auto accident claim and the insurance company will dispute both to whatever extent they can. First, they will claim their policyholder is not at fault for the accident or that you contributed negligence to the accident. This limits or eliminates their policyholder’s liability (and thus theirs as well). Second, they will dispute the extent of your damages. They will claim your injuries are not related to the accident, but a pre-existing injury. Alternatively, they can claim you are faking to get more money. That is largely why you need an attorney to litigate your claim, when necessary. The insurance company will say anything they can to avoid paying the settlement.
The Findlay auto accident attorneys at Lafferty, Gallagher, & Scott represent the interests of injured drivers in auto accident claims against negligent drivers, trucking companies, and drivers who have been injured in hit-and-run or uninsured accidents. Call today to schedule a free consultation and learn more about how we can help.
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.