Who is At Fault for a Car Accident? A Guide to Liability in Ohio
Posted in: Car Accidents
KNR Legal Blog
Here’s more about the steps you should take if you are hoping to recover compensation for damaged property after an accident in Ohio.
Property damage claims are most common after motor vehicle accidents. Whether you were involved in a motorcycle accident, commercial truck accident, bicycle accident, car accident, or any other accident, filing a claim for property damages may be in your best interest if you hope to repair your vehicle.
Since Ohio is a fault state for insurance purposes, you will file a claim with the liable party’s auto insurance provider after an accident.
To begin your property damage claim, you should contact a personal injury attorney to walk you through the process.
Insurance companies are known to reduce financial liability when a claim is filed. They do this by making lowball settlement offers, delaying the processing of your claim, or arguing that you have insufficient insurance coverage.
Fortunately, you do not have to worry about dealing with the insurance adjuster when you have an attorney. Your attorney handles all these legal details on your behalf. Once you retain a personal injury lawyer to advocate for your rights, the following occurs:
Your entitlement to a rental car varies depending on whether you have purchased rental car coverage as part of your auto insurance policy and whether the liable party purchased coverage as part of their policy.
In some instances, the insurance company may cover the costs of your rental car. However, in other cases, you may cover the costs of your rental car out of your own pocket and seek reimbursement through your insurance claim or car accident lawsuit against the liable party.
Insurance companies deny claims often. Although you may have been expecting to file an insurance claim and receive your settlement check within days, it often takes much longer to reach an agreement with the insurance company. This is because the insurance company goes to great lengths to avoid its financial obligations.
You may need to have your attorney handle the negotiation process on your behalf to avoid the pressure of settling for less than you deserve.
Suppose you cannot file a claim with the liable party’s insurance company due to their lack of insurance coverage. In that case, you could file a claim with your insurance if you purchased your uninsured motorist coverage. You may have to pay a deductible before your insurance coverage kicks in.
However, even in dealing with your own insurance company, you risk your claim’s denial. Fortunately, by having your attorney step in, your insurance company knows you mean business.
If you total your car, the insurance company goes by the Kelley Blue Book Fair Purchase Price of the vehicle to determine how much compensation you should receive. The insurance company never pays more than the Kelley Blue Book value of the car. However, if you installed any non-stock items within your vehicle, such as specialty speakers, you may be entitled to restitution for the value of these items.
Unfortunately, if you do not have gap insurance as part of your own auto insurance policy and you owe more on your vehicle than it is worth, you may find yourself upside down on the loan. This means you will be responsible for paying your lender the difference you owe. The liable party may cover these costs through your car accident lawsuit in civil court.
Pursuing compensation through a property damage claim may be necessary to maximize your payout.
Reach out to an experienced Ohio personal injury lawyer at Kisling, Nestico & Redick for a no-cost, risk-free consultation. You can reach us by phone or through our quick contact form to get started on your property damage claim as soon as today.