Ohio Car Accident Legal Questions

Likely you will need legal assistance. Once your daughter has completed treatment, a documented settlement proposal needs to be prepared and sent to the insurance company.  At that point -- hopefully -- the calim can be resolved.  Your daughter has 2 years from her 18th birthday to settle her claim; however, you have 2 years from the accident date to settle any claims for medical bills you paid or property damage to your car. If you health insurer or vehicle medical payments coverage paid any bills, they are likely entitled to get some or all of the moneythey paid reimbursed from the settlement. We can assist with your efforts.... Read More

You have several potential defendants: the mall owner, the mall property manager, the installer.  I would also hazard a guess that there are contracts between the parties that determine which entity has primary responsibility for property damage. You also have the issue of comparative negligence where the various defendants can and will argue that you have some degree of responsibility. Also,you need to be sure about the height requirement for the sign.  Does the requirement you cite apply to both public and private property or just to public property. My guess is that you will also need to engage the services of an expert witness on parking lot signage -- such experts do in fact exist -- on the "placement" part of your claim. IMO, you will spend way more than you will recover.  IMO, you are likely better off using your own insurance and paying the deductible. Again, these are just my opinions based upon the information in your inquiry,... Read More

We do not complete that paperwork for our clients. Several years ago, Congress passed the Shipp Act that -- in simple terms -- clarifed that Medicare was secondary to auto liability insurance interms of paying for accident related injuries.  Thus, if you have Medicare, a person settling a claim has to account for furtue medical costs that might be paid by Medicare. In any event, CMS -- The Center for Medicare and Medicaid Service -- which administers these issues has never promulagted rules to enforce the Shipp Act.  In fact, CMS has delayed issuing rules.  This means that the Medicare futiure medical rules are not in effect. However, if Medicare has paid prior related bills, Medicare is entitled to get that money back.  Thus, the paperwork serves 2 purposes. The easy answer is to complete and return the paperwork to the insurance company so that they can write CMS and get confirmation that no bills have been paid by Medicare.  I know this sound stupid under the circumstances, but the alternative -- you dealing directly with CMS to get a letter showing no prior paments -- is far worse.... Read More

I am going on the premise that your car was struck by a commercial vehicle. In this case, your MEDPAY/PIP takes priority and then iMEDPAY s subrogated against any claim you may file against the other driver and his employer and PIP recovers directly from the other policy.  Note that MEDPAY and PIP are different and have different rules.... Read More

You should contact your own auto insurance carrier and your homeowner's insurance carrier and file a claim with them. They are better positioned to try to track down the negligent driver and verify coverage, if there is any. If you don't have coverage, then your options are to file a claim directly against the negligent party in the court of your jurisdiction. You may be able to file in small claims court depending on the value of your loss.  And, you always have the option of contacting a property damage attorney.... Read More

Allstate has given you the correct advice.  Allstate should pay for the damages in excess of your deductible.  Amall claims court is the appropriate place to sue because legal fees would likely exceed your deductible.  One caveat is that collecting a small claims court judgment can be difficult, especially if the defendant has nothing to collect against.  Sometimes the cost of your time can exceed what you might be able to collect.... Read More

You have the absolute right to pursue a claim against the other driver and/or the owner of the vehicle.  Do not let Progressive tell you otherwise. As for your truck, Progressive either has to pay for repairs or pay the fair market value of the truck if the truck is to be totalled.  If you want to keep the truck, then you may need to get a salvage title and Progressive can reduce the offer.  That is all a matter of negotiation. If you are injured, then you should certainly seek and obtain appropriate medical care.  You likely have medical payments coverage on your policy that would cover the bills up to the amount of your coverage.  Again, from what you have asked, Progressive appears to be trying to strong arm you into a quickie low abll settlement We can assist you.  Call us at 513-721-1200 and we will be happy to discuss your claim.... Read More

You need to retain counsel and file a Civil Rule 60(B) motion to set aside the default judgment. The better question is whether the default judgment is collectible against you -- in other words, do you have assets that could be seized to pay the other person?  A Chapter 7 bankruptcy may also be a viable option. IMO, you need to sit down with a civil litigator and discuss your options.... Read More

There are way too many variables missing from your inquiry to give you a proper opinion. Perhaps the better question is whether the other driver had insurance at the time of the collision and the policy limits. Also, did your fiancee have uninsured/underinsured motorist coverage on her own policy? Given that the vast majority of drivers likely do not have the individual means to pay a judgment in excess of the available insurance coverage, many times the value of a claim is limited by the available insurance. There is a possibility that the other driver -- based upon his prior accident being alcohol related -- may only have the minimum state limits. We are available to discuss options if your fiancee would like to do so.  Please contact my partner Rick Reverman @ 513-721-1200.... Read More

You are asking the $64 question -- what is my case worth? To give you an honest and credible answer, I would have to review your medical records, including the billing statements.  The billing statements are relevant because under Ohio law, what the doctor/hospital accepted in payment -- usually less than what was billed -- is part of the calculation process. Likewise, age is relevant because younger individuals tend to recover from concussions faster than older folks.  Residual impairment is also a consideration. If you have underinsured motorist coverage in excess of the other driver's limits or medical payments coverage, then that too can be a factor. One thing I can tell you is that "canned" formulas are worthless and pale in comparison to an experienced individual evaluation.... Read More

Auto Shop:  You would need to present a claim to the body shop along with evidence that your brakes were negligently repaired and that the negligence caused your accident.  You would need a written report from a mechanic documenting the defective repair.  The auto shop would likely ignore your claim and you would then have to file a lawsuit.  The amount you are seeking would determine whether you would file in small claims court, municipal court, or common pleas court.  You could retain counsel, but I anticipate that you would likely have to pay an hourly rate with a retainer fee. Hospital:  Under Ohio law, an unauthorized touch of your person by a medical provider is civil battery.  Your could pursue a claim against the hospital.  The issue is whether the cost to pursue the claim exceeds the value of the claim.  IMO, from the description you have provided, unless there is a whole more that happened, the is not a large value to your claim.  I recommend that you contact your local bar association and ask for the lawyer referral department and request the contact information for local attorneys who may be able to assist you.... Read More

There is no doubt that you need legal counsel because you are about to be steamrolled. However, I recommend that you talk to a bankruptcy lawyer to determine if a Chapter 7 filing would be a viable option for you.  A CH 7 generally runs around $1600 for the filing fees, legal fees, and counseling class.  A CH 7 would eliminate all responsibility for the accident damages. If you do nothing, then Ohio BWV could cancel your licnse plates and drivers licenses for violation of Ohio's financial responsibility law. The "other side" can sue you and the cost to defend could be 1000s of dollars. Sometimes, cutting losses quickly is the best option.... Read More

Several things: 1.  Take a bunch of pictures of the property damage. 2.  The insurance company will treat the property damage separate from the injury claim.  Howver, make sure that the check and the release specify that they are for propperty damage only. 3.  You are entitled to a rental from the date of the accident. 4.  Do not provide the insurance company with any type of medical relase to get your records. 5.  Do not provide a statement to the insurance company beyond the facts of the accident; do not get into the injury portion of your claim. 6.  Strongly consider legal counsel.  Your chiropractor will tell you that insurance companies will do anything to low-ball you on your claim. We provide representation for auto accidents.  Feel free to call us.... Read More

If they sue you and get a judgment against you, then they have 10 years to try to collect. Also, since you had no insurance, Ohio's BMV could suspend your driver's license. IMO, you likely best option is to file a Chapter 7 bankruptcy which would eliminate any claim against you.  A bankruptcy would likely cost youy less than $2,000 for fees and expenses. Bankruptcy would eliminate the possible of your post college employment earning being subject to garnishment.... Read More