Legal Question in Personal Injury in Ohio

I was in a car accident. I was sitting in the passenger side of the car. I got personally injured and I dont feel like the insurance company is offering very much. I just got turned down for physical therapy today because my insurance wont cover any physical therapy for a car incident it has to be an emergency. What can I do?

Asked on 5/17/10, 2:43 pm

2 Answers from Attorneys

Ryan Fisher Lowe Eklund Wakefield Co. LPA

You have no business discussing a settlement with the insurance company until you have recovered from the injuries you sustained in the crash,. It doesn't matter if your health insurance company won't pay for PT because you have coverage for those same medical bills through the insurance company for the car you were riding in AND your own auto insurance company even though you were NOT in your own car. Without representation the insurance company will take advantage of you. Without representation it sounds like you will not get the medical treatment you need. I suggest you get an attorney ASAP. If you want please feel free to contact my firm.

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Answered on 5/23/10, 5:25 pm
David Michael Benson Benson Law Firm

If you have reached an impasse:

1. Seek the advice of a lawyer to determine if the settlement amount you have in mind is reasonable.

2. If you want to continue on your own, write a letter to the insurance company to support the value you are urging.

3. Speak to the adjuster’s boss if you get nowhere with the adjuster.

4. If that doesn't work, request mediation or arbitration.

5. File a complaint with the Ohio Department of Insurance if you think the insurer isn't working in good faith.

6. When all else fails, hire a lawyer to continue the negotiations on your behalf.

If your attorney is convinced your case has greater value than the insurance company is allowing, he or she may suggest you file a lawsuit against the negligent driver. Included in your Complaint may be a claim of Bad Faith should your lawyer determine the insurer is denying coverage unfairly.

Good luck!

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Answered on 6/07/10, 12:00 pm

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