Toledo, Ohio
Civil Litigation Attorneys

Toledo, Ohio Civil Litigation Attorneys

Why will the other driver’s insurance not cover my injuries?

On Behalf of | Oct 25, 2021 | Injuries

Motor vehicle accidents often render your vehicle not just embarrassingly unsightly but also undrivable. Additionally, despite the built-in safety devices in your car, accidents still result in injuries.

As if the interruption of your life caused by another driver’s mistake were not enough, sometimes insurance companies balk at fulfilling the claims for which they are responsible. They may acknowledge injuries and damages but refuse to totally cover them.

What is Comparative Negligence and how does it impact my claim?

When it comes to assigning responsibility for vehicular accidents, the State of Ohio employs the concept of comparative negligence, meaning insurance adjusters have the prerogative to assign percentages of responsibility to the different drivers involved in a wreck. This concept applies not only to the damage to your vehicle but also physical injuries you might have suffered.

What should I do if I disagree with the settlement offer?

The state has listed a series of actions you can follow if you believe that the other driver’s insurance company is not treating your fairly or the compensation they offer is inadequate:

  • Discuss the claim with the adjuster
  • If the resolution is unsuitable, speak to the claims supervisor
  • If there is still no resolution, seek arbitration
  • Ultimately you can contact the Ohio State Department of Insurance, though the state will only record and report your complaint.

The State of Ohio is frank in its comments about your ability to seek justice when you suffer injuries in an accident, saying, “When the only evidence is your word against the other driver’s word, there’s only one place to settle who pays—in court!”