What to Do When The Insurance Company Offers a Lowball Settlement in Ohio
Posted in: Car Accidents
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Legal Help for the Injured
Whether a drunk driver hit you in Cleveland, a distracted motorist on I-270 in Columbus, rear-ended in downtown Cincinnati, or T-boned on a rural county road, anyone can be the victim of a motor vehicle accident in Ohio. And while car accidents can result in devastating injuries and financial strain, Ohio law gives you the right to pursue compensation for ALL the ways a car wreck negatively impacted your life.
That’s why once you’ve gotten medical attention, you should contact an attorney as soon as possible.
Kisling, Nestico & Redick has been fighting for Ohio car accident victims for over 15 years. As veteran trial lawyers and one of Ohio’s largest personal injury firms, we know what it takes to secure compensation from negligent drivers and insurance companies. But we also saw the need for a better approach to Ohio car accident claims – one with less client hassle and where the injured keep more of their settlement or verdict.
At KNR, we like to ask, ‘what more can we do?
Being injured in a car crash comes with unique challenges and complications. Our car accident lawyers will review the facts, discuss the issues you’re facing, and develop a plan to address anything standing in the way of your physical and financial recovery.
Our attorneys handle every kind of Ohio motor vehicle accident and can assist with all aspects of your claim or lawsuit. If you or a loved one were hurt in any of the following, we can explain your options for financial relief and return to the life you knew.
Most car accidents are preventable, and driver error contributes to many crashes. But the success of your car accident claims heavily depends on identifying the root cause and parties at fault.
The most common causes of Ohio car accidents include:
Once you determine what led to your car accident and who’s liable, you’ll need to demonstrate the impact on your life.
Examples of car accident-related injuries are:
You might suffer permanent disability in severe cases. While every injury victim’s experience is different, an insurance claim or lawsuit focuses on:
Our statewide practice is designed to make going through a car accident injury claim in Ohio more convenient and accessible. With 12 Ohio locations, KNR is a call or click away.
*KNR also serves Ohio’s rural counties & conducts consultations via Zoom.
Most car accidents are preventable, and driver error contributes to many crashes. But the success of your car accident claims heavily depends on identifying the root cause and parties at fault.
The most common causes of Ohio car accidents include:
Car accident claims have limits under Ohio Revised Code 2305.10. This gives victims two years from the date of the crash or discovery of the injuries to file. If the time limit expires and you don’t meet an exception, you may be prohibited from filing.
Ohio follows a “modified comparative negligence rule.” This means you can still recover compensation if you share fault for an accident, but the possible amount is reduced by your degree of responsibility. So, if you suffered 100,000 in damages and are 10% to blame, you can recover $90,000. However, if you are found more than 50% culpable, you will be barred from any recovery.
Like other at-fault states, car accident injury victims must make a claim against the at-fault driver’s insurance. If the at-fault party does not have sufficient insurance, the other driver may use their own uninsured or underinsured motorist coverage. Remember, this coverage is usually purchased in addition to their standard insurance.
Ohio requires drivers to show financial responsibility for a possible car accident by purchasing a bond, posting collateral, or buying car insurance. Ohio’s minimum insurance coverage is $25,000 for the injury or death of one person, $50,000 total for all injuries or deaths, and $25,000 for any property damage. Again, these are state minimums and can quickly be exhausted. A lawyer can better explain any additional insurance policies that may be liable.
O.R.C 4549.02 outlines a driver’s obligation to stop after a traffic accident. Essentially, a driver must stop immediately after becoming aware of an accident, remain at the scene until a police officer arrives unless removed from the scene by an emergency vehicle and provide contact and insurance information to the parties involved.
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Fight for Everything You’re Owed
You shouldn’t be forced to bear the financial cost of someone’s reckless or negligent behavior on the road. Nor should you blindly accept a low-ball insurance offer. These companies only have their interests in mind. By accepting too little or forgoing your rights, you may suffer unnecessary stress and pain long after a car accident.
Car accident compensation typically comes through an insurance settlement or court award, but it should cover all your financial losses (damages). Some car accident damages you may be entitled to are your:
You might also qualify for short-term disability, depending on your situation. There is no standard way to calculate the value of a car accident. But a lawyer can help you understand what you may be entitled to. An attorney can also advise whether an insurance claim or lawsuit is your best option and when to accept a car accident settlement.
When you pursue an insurance claim after a car accident caused by negligence, the at-fault party’s insurance company should compensate you for your various losses. This involves submitting your claim, dealing with an insurance adjuster, and providing financial documentation along with your medical records. The process can be time-consuming, complex, and insurers are known to diminish victims’ experiences and even deny car accident injury claims.
Pursuing a claim on your own after a car wreck may be tempting. But doing so can reduce your chances of collecting the maximum compensation. A lawyer will be better equipped to manage the necessary documentation, negotiate on your behalf, and clearly illustrate not only fault and liability but also the harm you suffered from the accident.
More on Filing Insurance Claims
After a severe car accident, you’ll likely be shocked at how fast the other driver’s insurance company makes an offer. It may seem appealing to accept right away, but these low-ball tactics protect the companies – not the victims. The insurer is hoping you accept without talking to a lawyer and learning the actual value of your case and what you may need in the future.
At KNR, many of our attorneys worked in the insurance industry, so we can offer an insider’s perspective. We will help determine and fully document what the crash cost you already and what you will need in the future. This includes money for ongoing medical care, your pain and suffering, and any damage to your ability to earn a living. Once we know what your injury and experiences are worth, we’ll aggressively pursue all of it.
Most Ohio car accident cases settle without going to court, but sometimes insurance companies don’t negotiate in good faith, or you’re otherwise best served by filing a car accident lawsuit. A lawsuit not only puts pressure on insurers to take your claim seriously. It also strengthens your argument by collecting evidence during discovery, depositing, and presenting expert testimony.
Ohio car accident lawsuits are typically filed in the appropriate Court of Common Pleas. And as experienced trial lawyers, KNR has an excellent track record and reputation in all Ohio jurisdictions. Let us explain what you’re dealing with and how to navigate the civil system successfully.
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What Makes KNR Special?
There’s no such thing as a minor car accident if you or a loved one is injured. At KNR, we strive to make the process of getting what you deserve after a car accident more straightforward because what you’re going through is hard enough. Getting legal help shouldn’t be.
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Expect More from Your Lawyer
Our Ohio car accident attorneys want you to keep more of the compensation you’re entitled to, so you can move on without the pain of uncertainty. At Kisling, Nestico & Redick, we will use every available resource, so you recover physically and financially.
