After an accident, getting a property damage payment from the insurance company can feel like progress. Because of this, you might think that your injury claim will follow suit.
The process, however, might not be what you expect. Understanding what you can do in this scenario can help you when issues with your case arise.
Separate claims, separate outcomes
Property damage and bodily injury fall under different parts of an auto insurance policy in Ohio. The state requires drivers to carry minimum coverage, with distinct limits for bodily injury and property damage. The two are not bundled, and the insurer treats each one separately.
Stricter standards, higher stakes
When an insurance company reviews a bodily injury claim, it weighs factors that extend well beyond the question of fault. The adjuster examines your medical records, the nature and extent of your injuries, your course of treatment and how those injuries have affected your daily life and capacity to work.
It is worth noting that Ohio applies a shared fault standard, meaning your role in the accident can reduce or remove your right to recover. If an insurer or court finds you bear more than 50% of the fault, Ohio law bars you from recovering any compensation on the injury case, regardless of what occurred with the property damage portion.
Common disputes, practical next steps
Disputes over bodily injury claims often center on the severity of injuries, the necessity of treatment or whether the accident caused your condition. Prior medical issues are a frequent point of contention, and gaps in your care can give the insurer grounds to challenge or reduce the value of your case.
If the insurer denies or undervalues your injury claim, you can request a written basis for the decision, gather records from your medical providers and submit a formal response. The Ohio Department of Insurance also accepts complaints from those who believe their case was not handled in good faith.
When deciding on next steps, it is critical to keep the state’s two-year statute of limitations in mind. Negotiating with an insurer or filing an administrative complaint does not pause this legal deadline to file a lawsuit.
An attorney can help you assess the strength of your position and determine if the situation warrants further action. Legal counsel also reviews the basis for the insurer’s decision and advise you on whether to negotiate, pursue mediation or move forward with a lawsuit.