Who’s At Fault in a Car Accident? A Guide to Liability in Ohio
Posted in: Car Accidents
KNR Legal Blog
If you’re involved in a car accident in Ohio or anywhere for that matter, the first thing that will likely race through your brain is whether anyone was hurt. Realizing that you and the other passengers involved were shaken, but unharmed can be a tremendous relief. However, once you determine that no one was injured, your mind will turn to the condition of your vehicle and its contents. Your relief over the safety of your car’s occupants can change quickly when you find that there has been significant property damage.
When all you need to deal with after a car accident is damage to the vehicle and your personal belongings, you can trust the lawyers at Kisling, Nestico & Redick to help get the compensation you deserve for your losses. We can assist you with filing insurance claims, as well as suing the at-fault driver for property damage if it becomes necessary to protect your interests.
Please call 1-800-HURT-NOW to schedule a free case assessment, and read on to learn how an Ohio car accidents attorney can assist with your case.
Under Ohio Law, every motorist in the state must carry minimum auto insurance coverage, which includes $25,000 for damage to property. Losses related to your vehicle are a top consideration, but you can also file a claim regarding other personal belongings. For instance, you may be entitled to compensation if your computer equipment, luggage, clothing, jewelry, or related items were harmed or destroyed. Plus, you can also seek sentimental value for heirlooms and irreplaceable articles.
Under most policies, you’ll need to notify your own insurance company any time you’re involved in a car accident, regardless of fault. However, you should also file a claim with the at-fault driver’s insurer for compensation if your car or other property was damaged. Your objective should be repayment from the negligent motorist’s company, not your own.
Generally, you can expect to recover the difference between the pre-accident value of your car and what it’s worth after the collision. The valuation process starts by determining Blue Book or fair market value, weighed against the estimated costs of repair. If the repairs are more than 75 percent of the vehicle’s value, your car may be totaled out, and you will be paid that percentage amount. For personal property damage, your claim focuses on replacement value, cost of repairs, and loss of use.
As you can probably guess, insurance companies aren’t very generous in paying out claims for damage to property. They’re reluctant to offer fair compensation because it affects their bottom line. Instead, they’ll look for reasons to deny your claim or offer a lowball amount to settle it. If you aren’t satisfied with the proposed settlement, you may consider suing the negligent driver’s insurer in court. It’s possible to recover the full, reasonable amount of your damages, to put you in the same position as if the crash never happened.
Even if you weren’t hurt in an auto collision, you still have rights to recover compensation for property damage under Ohio law. Our attorneys at Kisling, Nestico & Redick can tell you more about your legal remedies, which may include filing a claim or suing the driver who caused the car accident.
Please contact our office at 1-800-HURT-NOW or submit the details online to schedule a no-cost consultation with a lawyer today.