The Insurance Claims Process After an Accident
In the state of Ohio, there are many state laws to consider when filing a liability claim. Insurance companies make their money by being as stingy as possible with their payouts, so it is important to seek help in these situations.
For liability claims in Ohio, drivers have two years to file a suit for vehicle and personal injury damages. Minors have until age 20. If you fail to settle your claim or file a lawsuit with a civil court in that time, you waive your right to receive compensation in your claim. Of course, you can always file a claim with victims of crime.
Ohio Car Insurance Requirements
After a car accident you can either file a claim with your own insurance or with the insurance company of the other driver, if he or she is at fault. Dealing with insurance companies can be a tricky business as there are many rules and requirements to consider.
- Ohio is considered a “fault” state which means you have the ability to file a claim with the other driver’s insurance company if you believe they were at fault. Proving who was at fault could lead to a civil court case that could become timely and costly.
- Ohio does not force drivers of the state to carry uninsured motorist coverage but it definitely is an option to consider. A car accident with an uninsured driver could result in the responsible, innocent, insured driver not being paid the damages they were owed. This is especially true when considering that if a driver cannot afford insurance, they probably cannot pay damages out of pocket.
- Minimum car insurance coverage in Ohio is $25,000 for injury or death of a person, whether the death was a pedestrian, passenger or driver; $50,000 total for injuries and deaths caused by a single accident; and $25,000 for property damage.
Ohio Comparative Fault Rule
As mentioned above, Ohio is a fault state, which dramatically affects the process of receiving damages for an accidents. To receive damages from the other party, you must prove that the other driver was more at fault than you were for the accident. If you were in any way at fault, this percentage will be subtracted from the total compensation you will receive. To receive damages, you must prove that the opposing party was at least over 50 percent responsible.
The comparative fault rule only applies to civil litigation. It may be easier and less time consuming to have an insurance claim adjuster work out a settlement. However, Ohio claim adjusters do have the comparative fault rule in mind when negotiating settlements. Because at time there is no definitive way to determine exactly who was at fault or even his or her percentage of the fault, negotiating is key to receiving the maximum possible settlement.
This is where a skilled lawyer comes into play. A lawyer who has proven results at negotiating these settlements will be your strongest asset when seeking financial compensation from another party.
Contact an Experienced Columbus Car Accident Attorney Today
If you or a loved one has recently been in a car accident in the City of Columbus or Franklin County, contact an experienced Columbus car accident attorney at the Ohio Car Accident Lawyers . We have decades of collective experience negotiating with insurance companies to give our clients more in damages. Contact us today for a free consultation.