Although some states do not take fault into consideration when it comes to filing a claim with an insurer after an accident, Ohio does not fall under this category. Instead, as a fault state, Ohio requires those who cause accidents to compensate victims who were injured as a result. In most cases, this takes the form of an injured accident victim filing a third party claim with the negligent party’s insurer, requesting compensation for medical bills and property damage. Unfortunately, even when a claim does fall within the purview of a policy, it is not uncommon for insurers to attempt to settle for a lower amount or to deny a claim in its entirety. This can have devastating consequences for injured parties and their families who may be struggling with the pain of their injuries, as well as the stresses of mounting medical bills and household expenses, problems that are only compounded when the injured victim is unable to work.
Obtaining legal representation is key to the outcome of this type of case, so if an insurer unfairly denied your accident claim, you should strongly consider speaking with an experienced Lucas County insurance claims lawyer who can help you seek the compensation you deserve.
There are two primary types of insurance claims, which are known as first-party claims and third party claims. The former term is used to describe claims that are filed with a person’s own insurer, while the latter refers to claims that are filed with another person’s insurance provider. Whether a person files a first party or third party claim depends primarily on who caused the accident in question. However, it is usually a good idea to report an accident to one’s own insurer regardless of fault, as this allows an injured party’s representatives to begin working on his or her behalf.
Many insurance companies are staffed by competent and honest adjusters and employees who take great pains to ensure that their policyholders are covered in the event of an accident. Unfortunately, it is also not unheard of for an insurer to refuse, in bad faith and in an effort to cut down on costs, to cover a policyholder’s injuries. This can occur in a number of different scenarios, although perhaps the most common involves the denial of claims for long-term disability insurance. In these cases, insurers often argue that a condition is not severe enough to qualify as a disability despite sufficient medical evidence proving otherwise. In other cases, an insurer may refuse to cover the cost of an injured party’s costs because the person who actually caused those injuries is uninsured.
Fortunately, in both situations, policyholders whose claims have been denied in bad faith or in violation of a contract or insurance law, can file an appeal with the insurer itself or with the Ohio Department of Insurance. Following a second denial, claimants can then file suit in court.
If you were recently involved in an accident or became disabled and your insurance claim was unfairly denied, please contact a member of the dedicated legal team at Lafferty, Gallagher & Scott, LLC by calling 419-241-5500 and we will help you set up a free consultation with one of our experienced insurance claims attorneys.
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areas of practice we handle, including personal injury, workers’ compensation and insurance claims issues.