Apart from medical treatment the next important aspect of being involved in a car accident in Ohio is insurance claims and settlements. Like every other state, Ohio has various statutes that include the statutes of limitations, which is the deadline within which you have to file a lawsuit if you are a victim of a car accident. The deadline may vary depending on the type of case filed and apply only when filing a lawsuit.
Statute of limitations
The statute of limitations does not apply when it comes to filing a claim with the insurance carrier. However, it is prudent to pursue a claim with the insurer as soon as possible in order to have sufficient time to file a lawsuit before the deadline expires. A personal injury lawsuit and/or property damage lawsuit must be filed within two years from the date of the accident.
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Comparative fault state rules
According to Ohio accident lawyers, Ohio is a comparative fault state or ‘modified comparative negligence’ state where you have the right to claim against any party who was at-fault in the accident. However, the amount you can recover is based on the percentage of which you are considered at fault in the accident.
Most insurance claim adjusters focus on the comparative fault rule when negotiating a settlement and look to pay the minimum, which is why it is important to engage the services of a tremendous Ohio accident attorney. This is because it takes plenty of negotiating skills to deal with an insurance claims adjuster or to convince a court since there is no accurate method to determine the percentage of fault empirically.
Minimum car insurance coverage
In any car accident, insurance plays a major role whether you file a claim with your own insurer or the other driver’s carrier, also known as a third party claim. Being a fault insurance state, you have the right to file a personal injury lawsuit against the other driver and make a claim under your own coverage. It is mandatory for vehicle owners to a minimum car insurance coverage of $25,000 for injury or death of one person such as the driver, passenger or pedestrian, $50,000 per accident, and property damage coverage worth a minimum of $25,000.
According to Ohio accident lawyers, it is always recommended to carry uninsured/underinsured motorist coverage as well even though it is not mandatory. Despite there being penalties for driving without insurance in Ohio, some tend to ignore the rules, which could cause a problem if you are involved in an accident with an uninsured motorist.
You need dedicated legal help
Very often, victims of an Ohio car accident are confused about a settlement and whether they ought to go ahead and accept the insurance claims adjuster’s first offer. If your medical bills and loss of income due to injuries or other damages exceed the other driver’s coverage, you would want to talk to a fantastic and concrete Ohio accident lawyer about your options.