Ohio Car Accident Legal Questions

Dear Karen:  As to your first question, you should seek the advice of a lawyer who practices in the state where your inlaws policy of insurance was written (i.e. where you inlaws live).  The law of the state where the policy was written controls whether or not you are covered by their insurance.  You should also review the policy language, as that too will provide you with guidance as to whether or not your are covered by their insurance.  Generally speaking, the answer would be probably, but it really depends on the laws of the state where the policy was written and the policy language itself. As to your second question, if the other driver was at fault for the collision, then most likely she is responsible for the damages/injuries.  However, if the accident occurred outside of Ohio and was in a no-fault state, then the law of the no-fault state most likely applies.  Usually for no-fault states, it does not matter who was at fault for the collision.  Each person's insurance pays for their own damages, except in cases of serious/catastrophic injuries or death.  That is the essence of the no fault system.  If it did occur outside of Ohio, you should speak with a knowledgeable lawyer in the state where the accident occurred. Best of luck.  ... Read More

Although your question is a little confusing, it seems that you are asking whether a doctor can refuse to provide you care or refuse to continue his relationship with you as a patient.  The answer to that question is yes.  A doctor has no legal obligation to treat any patient, and can decline treatment or refuse to accept anyone as a patient.  The only time that anybody is absolutely entitled to medical care is in an emergency situation at a hospital per the federal Emergency Medical Treatment and Active Labor Act.  Frankly, if your doctor does not want you as a patient, I would not want him to be my doctor.  Best advice is for you to seek out a new doctor to care and treat for you. Best of luck to you.... Read More

Under Ohio law, for property damage arising from an automobile accident, you are entitled to the cost of repair of the vehicle or the fair market value of the vehicle on the date of the accident, whichever is less.   If your car is not totalled, but is repaired, then you may also be entitled to the difference between what the car was worth prior to the accident and what it is worth after the repairs.  Generally speaking, a car that has been in an accident and repaired is worth less than the same car that has not been in an accident and repaired.  This is known as diminution of value.  But if the car is totalled by the insurance company, then you are entitled to the fair market value of the vehicle on the date of the collision, plus what the insurance company will earn from a scrap yard for salvaging the vehicle. Also, if your vehicle is totalled, the insurance company must pay the sales tax if you purchase another vehicle within 30 days of receiving the check for your property damage.  However, the insurance company must only pay the sales tax up to what a comparable replacement vehicle would cost.  So if you purchase a brand new vehicle, they only have to pay the sales tax on the amount which is equal to what it would have cost you to buy a similar car of like year, model, make, etc.  You have to purchase the vehicle within 30 days of receiving the check and provide proof of the purchase to the insurance company within 35 days of receiving check.  If you fail to purchase the vehicle within 30 days or provide proof within 35 days, the insurance company does not have to pay your sales tax. Best of luck to you.... Read More

Unfortunately, probably not.  Pursuant to Ohio law, a person injured as a result of an automobile accident has two (2) years from the date of the collision to file a lawsuit, or the claim is forever barred, and you will not be entitled to compensation.  There are exceptions to this rule, such as when the at fault driver lives out of state and has not been back to Ohio since the accident.  But it is very rare that the two year limit is extended.  Also, if you were a minor at the time of the accident (under 18 years of age) the two year period does not begin to run until your 18th birthday.  If you were a minor at the time of the accident, you would then have until your 20th birthday to file a lawsuit.  Because your accident happened in 2008, the statute of limitations most likely expired two years from the date of the accident, in 2010.  Because it is now 2013, your statute of limitations has most likely long since expired, and you are now time barred from suing the at fault driver for your injuries and your damages (i.e. medical bills, lost wages, pain/suffering).  If you believe that there may be some circumstance that extends your statute of limitations beyond the two year period, you should consult with an attorney immediately, as the time limit could expire very soon. Best of luck to you.  ... Read More

You would not sue the individual adjuster.  You would sue Geico Insurance Company itself.  And then you can serve them at the address they have registered with the Ohio Department of Insurance, which you can find by going to this link:  https://secured.insurance.ohio.gov/Company/authlist.asp.     And you are entitled to have your sales tax reimbursed to the extent of the applicable law, which states: (f) If within thirty days of receipt by the claimant of a cash settlement for the total loss of an automobile, the claimant purchases a replacement automobile, the insurer shall reimburse the claimant for the applicable sales taxes incurred on account of the claimant’s purchase of the automobile, but not to exceed the amount that would have been payable by the claimant for sales taxes on the purchase of an automobile with a market value equal to the amount of the cash settlement. If the claimant purchase an automobile with a market value less than the amount of the cash settlement, the insurer shall reimburse only the actual amount of the applicable sales taxes on the purchased automobile. If the claimant cannot substantiate such purchase and the payment of such sales taxes by submission to the insurer of appropriate documentation within thirty-three days after receipt of the cash settlement, the insurer shall not be required to reimburse the claimant for such sales taxes. In lieu of reimbursement, the insurer may pay directly the applicable sales taxes to the claimant at the time of the cash settlement. Ohio Admin Code Section 3901-1-54(H)(7)(f). Best of luck to you.... Read More

I am sorry to hear that you were involved in an automobile accident.  Dealing with insurance companies can be a very difficult venture, even for us attorneys who do it every single day.  Simply put, the insurance companies are not your friend and really do not care about what happened to you or what you are going through as a result of your injuries.  This leads, often times, to the insurance company undervaluing the claim and offering little to nothing over and beyond the medical bills incurred in the case. You have an absolute right to sue the other driver for the injuries he/she caused you as a result of his/her negligent act (i.e. hitting you from behind AKA failing to maintain an assured clear distance ahead).  However, you must file a lawsuit within two years from the date of the accident, or your claim may be barred by the applicable statute of limitations. The question you would need to ask yourself is whether it is economically feasible to file a lawsuit.  Lawsuits are not inexpensive.  If you go it alone, you will spend at least a few hundred bucks of your own money to file the complaint.  You will need to obtain copies of all your medical records and medical bills, which can be costly depending on how much is needed.  You may also have to incur the expense of taking a deposition of the other driver and/or your doctors to prove your injuries.  If you hire an attorney, you will incur these same expenses, plus you will have to pay attorneys' fees, which are usually 1/3 of the gross amount that you recover.  Therefore, you need to look at it from a monetary standpoint, and determine whether it is worth spending the money to pursue a lawsuit to possible recover another $2500 from the insurance company.  You also need to be mindful that by filing a lawsuit, you are almost guaranteeing that you will not see any recover for a minimum of 6 months.  So you need to determine whether it is important that you get the money now, or can wait it out. Might be of benefit for you to sit down and speak with an experienced attorney about what your injuries are, how much your medical bills are, any lost wages, etc.  He/she should be able to tell you whether or not the offer from the insurance company is a fair offer or if you should file a lawsuit to pursue it further.  Most attorneys offer a free initial consultation for cases of this nature. I wish you the best of luck, and I hope of I have fully answered your question.... Read More

If you were not at fault for the collision, and the other driver was at fault, then the other driver's automobile insurer should be responsible for the damage to your vehicle or paying you the fair market value of your vehicle as of the date of the collision, whichever amount is less.  The fact that you did not have insurance should not be relevant, unless it is determined that you were partially at fault for the collision.  If you have not contacted the other driver's insurance company or they have not contacted you about your property damage claim, you should consult with an attorney.... Read More

John Bisnar Even though Ohio has financial responsibility laws for drivers of motor vehicles and you didn't have car insurance, you still have rights to a claim. Your best move is to consult with a very experienced Ohio auto accident lawyer who will provide you a free consultation.  The sooner you consult with a lawyer the better. You can start you search the right lawyer for you, look in the upper left hand corner of this page for the "Find a Lawyer" button.  Click on it to begin your search. John Bisnar Bisnar|Chase, Auto Accident Attorneys California Trusted Professionals.  Proven Results. www.BestAttorney.com 800-956-0123... Read More

Many times a traffic collision report in a death case is not complete or available for months after the collision.  Generally the investigating agency wants to fully complete their investigation before issuing a report.  This is especially true in cases of a death or serious injury when the facts, causes and/or fault are not clear. Have you not received a report because it isn't finished or because the agency doesn't believe you meet the requirements for obtaining a copy of the report? Per California Vehicle Code Section 20012, traffic collision reports are for the confidential use of the DMV and CHP.  However, the agency making the report shall disclose the entire report to: A party involved in the incident (driver, passenger, non-motorist, witness or owner of damaged property including a damaged vehicle) The legal guardian or conservator of a party involved in the incident, or a parent if the party is a minor Legal representation for a party involved in the incident The owners of vehicles or property damaged thereby Persons who may incur civil liability The insurance provider for a party involved in the incident The police department that investigated this incident or their technical staff Consider (1) Asking the defective to give you as much information as he/she knows at this time, pending your receipt of the full report; and/or (2)  Retaining an attorney to represent your family. Most skilled and experienced traffic collision/wrongful death law firm's will provide your family a free consultation, obtain the traffic collision report for your family, analyze the repot with you and advise you of your options...without any cost or obligation in a circumstance like you have described.  This is normal procedure in our law firm as well. John Bisnar Bisnar|Chase, California Car Accident Attorneys 800-956-0123  ... Read More

Unfortunately, you do not give enough information to answer your relevant question.  You did not state how you were hurt - is it someone else's fault?  In addition, we do not know the extent of your injuries and whether the injuries are at all permanent.  Your age is another factor.  My best suggestion is to contact an experienced personal injury attorney who can ask you the questions needed to assess your case and what it may be worth. Steven A. Schwartz Attorney/Partner   JOEL H. SCHWARTZ, P.C. One Washington Mall, 16th floor Boston, MA  02108 (617) 742-1170 (800) 660-2270 (617) 250-2072 fax sas@joelhschwartz.com www.joelhschwartz.com... Read More

Is there any way to force an insurance company to admit fault with simply the police report so I can get a replacement vehicle as quickly as possible?  Not really.  You could sue the negligent driver immediately, which may help speed up their processing of your claim.  If the amount is small enough, you can sue in small claims court. You are entitled to be reimbursed the reasonable amount it costs you to rent a reasonable replacement vehicle (excluding insurance and cost of operation).  If you do not rent a replacement vehicle, you can ask for compensation for loss of use of your vehicle from the time of the collision to the time your vehicle is repaired or you are paid for the "total", within reason.  If your vehicle is drivable, that is another story. Check your auto insurance to see if their is rental car reimbursment coverage. John Bisnar BISNAR|CHASE, Personal Injury Attorneys www.BestAttorney.com 800-956-0123... Read More

There is no conflict of interest unless your attorney (or his/her firm) has represented the specific insurance company with whom you were negotiating.  Even then, there may not technically be a conflict of interest.  It is always smart to learn more about your attorney before hiring them, particularly on personal injury matters, since the consultations are typically free.  Also, ultimately, the decision to settle is the client's, not the attorney's.  While you may not think the settlement was fair, you did agree to settle the claim at the time.  So, it may not be "fair," but I don't think there is anything you can do at this point.... Read More