Articles Posted in Insurance Issues

Being involved in a Cleveland automobile accident can  be  complicated enough without getting in the middle of a fight among multiple insurance companies about which one should pay for the damages you’ve suffered as a result of the accident.Unfortunately, when this happens, one or more insurance companies deny responsibility and point fingers at the other(s). Meanwhile, you,   the injured person, receives nothing until the case is concluded, sometimes years later.

Facts of the Case

In a case recently considered by Ohio’s Eighth District Court of Appeals( Cuyahoga County) , the plaintiff was  injured in 2011 while traveling from Akron to Mayfield Heights. He was  a passenger riding in a car driven and owned by someone with whom the plaintiff had a business relationship. In fact, they were both involved in the same businesses. The defendant driver was scheduled to make a business presentation, and the plaintiff went along “out of curiosity.” In short, he wasn’t acting as an employee at the time of the accident, which happened after the defendant hit a patch of ice and lost control of his vehicle.

Continue reading

Timeliness can be  very important in any  lawsuit. In a Cleveland car  accident or truck  accident case, failure to follow  the Ohio Rules of Civil Procedure and the Ohio Revised Code  with regard to filing deadlines, submission of pleadings, briefs and other documents  can lead to  a harsh result in court.

In some situations, it may be possible to have a trial court’s judgment based on a procedural ruling set aside, but this is the exception rather than the rule. The best course of action is to speak to a qualified attorney early so that you can understand your legal rights and avoid the potential pitfalls of the litigation process.

Facts of the Case

When an insurance company pays its policy holder for damages he or she suffered as a result of an accident caused by someone else, the insurance company often has the right to recover from the wrongdoer, or tortfeasor, as she is known, the amount that it paid to its insured. This is known as subrogation. The plaintiff in a recent  case was an insurance company that filed suit against the defendant motorist, asserting its subrogation rights and claiming that the motorist had to reimburse the insurance company for monies it had paid out to its insured on account of an accident allegedly caused when defendant negligently crossed the center line and struck the insured’s vehicle. According to the insurance company, its insured was seriously injured in the crash and suffered some $262,555 in damages. Continue reading

Cleveland car accidents can range in complexity from one driver suing another for simple negligence to a much more complicated case involving multiple parties and multiple theories of liability ( reasons why an Ohio driver might be at fault).

For example, if the victim of  an accident was on the job at the time, this might lead to a workers’ compensation claim for the injured driver as well as  a claim against the other driver’s  employer for what is known as  vicarious liability. If there was a chain collision, several drivers may be sued for failing to maintain an adequate lookout, or speeding, for example, and failing to stop in time to avoid the collision. Sometimes,  especially if there is a dispute regarding coverage or if there are multiple insurance companies covering one or more of the vehicles involved in the crash, or a dispute over coverage, the various parties’ insurance carriers may also be brought into the litigation .

Facts of the Case

People who are involved in an Ohio car accident sometimes mistakenly think that hiring an attorney as soon as possible after the collision is unnecessary because, after all, “the law is the law,” and any issues that might arise can be handled later just as easily as sooner.

But no two cases are exactly alike and in fact, any car accident case may raise complex insurance or other issues, the analysis of which may determine whether the injured party gets the compensation they deserve.. With this in mind, it is easy to see why retaining an experienced personal injury attorney who can help investigate the cause of an accident, identify potential witnesses, gather important medical records and proof of injury, and deal directly with insurance adjusters who will take them seriously can be very important.

Facts of the Case

In a case recently decided in Cleveland, Ohio by the Eighth Appellate District (Cuyahoga County), the plaintiff was a woman hit by a car in July 2015 while crossing the road. She was seriously injured, incurring over $250,000 in medical bills. At the time of the accident, the woman’s son and his family were living in her home while their new home was being built. They had moved into the plaintiff’s home about five weeks prior to her accident, and they moved out about two months after the accident.

Continue reading

Insuring your car may feel expensive.  As a car owner, you must buy  liability coverage (if you strike another’s car).  You can also select coverages to pay for repairs to your car, to cover towing charges, for medical expenses, and even the costs of a temporary rental car.  A handy buying guide, “Insurance 101,” is available from the Ohio Department of Insurance.  Ohio law requires that each driver carry minimum liability coverage of $25,000 per person; $50,000 per accident (25/50).  But with all the choices and charges, you may be confused about whether to purchase uninsured motorist or underinsured motorist (UM/UIM) coverages too.

From our perspective, the answer is a strong “YES”.  Uninsured/underinsured motorist coverage protects you and others in your car when another driver injures you but their insurance is insufficient to compensate you for your injuries, medical expenses, lost wages, and other losses.  Continue reading

There’s no doubt that distracted driving is responsible for many car accidents.  Everything from texting, changing the entertainment source on the car radio, trying to calm a frazzled toddler, or even enjoying a sip of that drink from the drive-through lane can take a driver’s attention from where it belongs — on surrounding traffic and safely operating a car.  AAA’s Foundation for Traffic Safety suggests that each year 5,000 fatal car crashes can be attributed to driver distraction.

Now it seems that automobile insurance giant, Allstate, wants to peak over your shoulder and into your car to see whether you are driving while distracted.  And Allstate isn’t watching just because you have insurance with that company, Allstate may be tracking your driving behavior from sensors on the vehicle next to you or behind you in traffic.  Continue reading

According to the Ohio Department of Insurance Guide to Automobile Insurance, automobile liability insurance (which pays the other party if you are at fault) may only cover the “named insured” under the policy or coverage may extend to family members who are resident in your household. The question of whether the insurance will follow the driver to another vehicle may depend on whether that car is a substitute for your car which is identified in the policy. Whether that substitute car is available for your regular use, may well determine whether you are insured when you drive it. If it is and it is not listed on your policy, then you may not be covered while driving that car. But if it is a car which you are only able to use by borrowing it from someone else or it is a rental, then your liability insurance should protect you in the event of an accident .

If you borrow a car for an extended period of time because your car cannot be driven due to mechanical issues, then your friend’s car may qualify as a substitute and you will be covered under the policy.

People are often surprised and disappointed to learn that under Ohio law an insurance company may sell you a liability policy which does not apply if you accidentally cause injury to another member of your family. Continue reading