Legal Question in Insurance Law in Ohio

my daughter was in an hit and run accident, the person that hit her has been located and there auto insurance want to settle right now, the car as been totaled, we are in the process of purchasing a home and our mortgage broker said we can not increase our debt till after closing, which is Jan 20th. The car that was totaled was my husband primary source of transportation back and forth to work. Im really not sure what our right are here, I feel like the insurance company holds all the cards

Asked on 12/23/15, 9:32 am

2 Answers from Attorneys

Ryan Fisher Lowe Eklund Wakefield Co. LPA

This is really very simple. There is no reason to delay settling the property damage portion of the claim (repairs, value of vehicle, towing, storage, registration, rental car) and hold off settling the personal injury portion until your daughter has fully recovered from her injuries. In Ohio you have two years from the date of the accident to settle the injury claim. Settling these parts of the case separately is very routine. If your daughter has an injury it's probably a good idea to let an attorney handle the injury settlement.

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Answered on 12/23/15, 9:42 am
Michael Brandabur Brandabur Law, LLC

The property portion of your claim can usually be resolved quickly and often times insurance companies like to do so. That will be especially true before the end of the year, as they must place a portion of funds for this accident into a type of account that yields relatively low interest rates, whereas if they have a portion of the claim settled, i.e. the property claim, they don't have to hold that money in reserve. As for your daughter's injuries, those can take several months to show up, so do not settle that portion of the claim (the "personal injury" claim). If you have further questions, I would strongly suggest you engage the services of a knowledgeable attorney and one that will have your best interest in mind.

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Answered on 12/23/15, 12:20 pm

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