Myths About Ohio Car Accidents
Over a thousand people die in Ohio car accidents every year, and many more than that are injured. When one person suffers an injury because of someone else’s negligence, a personal injury claim arises. Many injured victims receive less compensation than they deserve, or no compensation at all, because of misunderstandings about the claims process.
Myth #1: Whiplash isn’t serious
In a sense that’s true — the meaning of the word “whiplash” has come to be almost synonymous with “fraud.” Whiplash is a very real soft tissue injury, however, that can cause excruciating pain. It attracts fraudulent claims because it is often difficult to detect with medical imaging scans, which can make a whiplash claim difficult to prove or disprove.
Myth #2: I can’t recover damages if the accident was partly my fault
Yes, you can, as long as the accident wasn’t mostly your fault. Under Ohio’s comparative negligence rules, you can recover partial compensation even if the accident was partly your fault, as long as your percentage of fault doesn’t exceed 50%. If your percentage of fault was 50% or less, you will lose that exact percentage of your compensation.
At trial, a court will determine your percentage of fault. At the settlement table, you will have to argue with the other party and reach an agreement that is based on what you both agree a court might decide.
Myth #3: The insurance company is my good neighbor
No, they are not. It might seem that way while you are busy paying monthly premiums. After all, accepting monthly premiums is how an insurance company makes money. They don’t make money by paying out claims, which is why you can expect a different attitude from the at-fault party’s liability insurance company than you are used to receiving from your own insurance company.
Once you file a claim, your interests and the insurance company’s interests are directly adverse to each other. They might be polite and friendly, but don’t let that lull you into complacency. The insurance adjuster’s job is to save as much money for the insurance company as they possibly can. That means paying as little as possible on your claim-–even zero if they can get away with it. If they are abusive or deceptive to you, you might consider filing an insurance bad faith claim.
Myth #4: The insurance company is entitled to issue a “take it leave it” offer with an arbitrary deadline
The insurance company might present you with a “take it or leave it” offer. They might underscore this offer with a bogus deadline, such as 30 days. Never forget that the insurance company does not have the legal right to set a deadline for your claim.
The Ohio personal injury statute of limitations sets the deadline by which you may (and must) either file a lawsuit or finalize an out-of-court settlement. In most cases, the deadline is two years after the date of the accident. Although certain exceptions exist (if you were a minor at the time of the accident, for example), the insurance company cannot restrict your right to sue them during the statute of limitations window.
Myth #5: I have to submit to the insurance company’s demand for medical records that are not related to the claim or a recorded statement
You do have an obligation to allow the insurance company access to your medical records that are not causally related to the claim. You do not have any obligation to grant them unfettered access. If you do, they will go on a fishing expedition, looking for excuses to deny your claim.
Likewise, you don’t need to give them a recorded statement — and you shouldn’t. An insurance company is likely to use such an opportunity to ask you trick questions and use the answers against you.
Myth #6: I can’t collect compensation if I have a pre-existing condition
The insurance company would love for you to believe this one. In fact, it isn’t necessarily true, although “pre-existing condition” is perhaps the most common insurance company excuse for denying a claim. Here is how it works under Ohio law:
- Suppose you have an old back injury from a rugby game, and it still bothers you.
- You suffer a car accident that re-injures your back.
- You seek compensation for your back injury, but the insurance company claims you have a “pre-existing condition.”
- In fact, you do have a pre-existing condition, but that doesn’t disqualify you from compensation. Under Ohio law, you are entitled to full compensation despite the fact that you previously injured your back.
The insurance company’s “pre-existing condition” excuse works only if you didn’t really injure your back in your recent car accident. Instead, you took your old rugby injury and tried to blame it on your car accident so you could get the insurance company to pay for it. In that case, the insurance company could deny causation-–it was a rugby game that caused your back injury, not your recent car accident. If true, that would justify denying your claim.
Myth #7: I can’t afford to hire a personal injury lawyer
Yes, you can. This is the most dangerous misconception of all. The reason why it is so dangerous is because with a good car accident lawyer, you can avoid all of the other six misconceptions. Without a car accident lawyer, you might fall for any of them. Almost any car accident lawyer will charge you based on the contingency fee system—nothing if they lose your case, 33.3% to 40% if they win. That means zero upfront costs.
Schedule a free consultation with an experienced Columbus personal injury attorney
Not all car accidents demand the expertise of a lawyer. The more serious your accident, the more you are likely going to need a lawyer-–and the more quickly you are going to have to act to give your lawyer their best chance of securing full compensation for you.
Soroka & Associates is a Columbus, Ohio personal injury law firm that has won millions of dollars for its personal injury clients, including a multitude of car accident claims. Act now to schedule a free consultation so we can explore your options together. If we don’t collect damages for you, we don’t get paid.