If you are dealing with the aftermath of a crash in Findlay, our car accident team can help you understand everything there is to know about the claims process. We will guide you through fault and liability, comparative negligence, and how to negotiate for the settlement amount you deserve. Contact us now for a free consultation!
Drivers who cause crashes are required to pay for them in Ohio. Typically, however, drivers do not pay for damages that they cause out of their own pocket; instead, they turn to their insurance company to cover bodily injury and property damage sustained by the other driver. If the at-fault driver does not have insurance or have enough insurance to pay for losses, then the not-at-fault driver may turn to their own insurance company, via their uninsured/underinsured motorist policy, for compensation.
In many an accident, fault is not always cut and dry. In fact, in many accidents, both drivers play a role in the accident’s occurrence. While Ohio used to have laws on the books that prevented a driver from recovering compensation if they contributed to a crash in any way, Ohio’s current comparative negligence law allows for drivers to recover damages as long as they are not 51 percent or more at fault for the crash. Further, the law also states that a driver’s damages will be reduced in proportion to their degree at fault. For example, if a person is found to be 10 percent at fault for their accident, and they suffered $10,000 in damages, then they would only be able to recover 90 percent of that amount, or $9,000.
Comparative negligence is important to understand for two reasons: first, if you were at fault for the crash, it means that your damages will be reduced; and second, an insurance adjuster may try to shift the burden of fault to you in order to get away with paying you less than you deserve. For this reason, it is very important that you have an attorney working on your side who can prove the liability of the other party and gather evidence to support your claim.
A car accident attorney wears many hats – they are responsible for gathering evidence, advising you in regards to your legal rights and legal requirements, assisting you in filing your claim, negotiating with the insurance adjuster, organizing proof of your damages (like medical bills and lost wages), and even taking your case to court if it comes to that. Of course, an attorney is also responsible for keeping you informed and up to date regarding the status of your claim.
At the law offices of Lafferty, Gallagher & Scott, LLC, our knowledgeable Findlay car accident and injury lawyers understand what you are going through after a crash, and know how important it is that you recover the money you deserve. To learn why working with us is a smart choice, schedule your free case consultation by visiting us online or calling us directly.
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.