Legal Question in Insurance Law in Ohio

Auto accident

I was recently involved in an accident that was not my fault, the other driver ran a red light. The drivers' insurance adjuster declared my car a total loss. I had just bought the car not even three weeks prior! The value they want to settle at is considerably lower than what I paid. I told her I could not accept it, and she said that is all she can do. It has been several days and no attempt has been made on either side. Do I wait it out, or do I have to accept her offer? I also have suffered a severe rotator-cuff STRAIN. Is this issue worth persueing with an attorney? I am not out to make a buck, I just want what is fair.


Asked on 1/20/04, 3:35 am

1 Answer from Attorneys
Robert Guehl Guehl Law Offices

Re: Auto accident

The recent purchase price of your vehicle is evidence of fair market value, and the true value of your property damage claim. However, if you had add-ons, such as credit life insurance, extended warranty, maintenance agreement, etc., those items are NOT covered in the value of the vehicle. You may be able to receive a refund for the unused portions of those items, if any.

As for your personal injury, a rotator cuff injury can be serious, requiring surgery. It is the type of injury that is worth pursuing. Without a full workup of the case, it is impossible to tell what the value may be. However, insurance company statistics will show you that claimants with legal counsel recover more than claimants without legal counsel. It is also easier to settle a property damage claim when there is a personal injury claim.

Good luck on your claim,

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Answered on 1/20/04, 11:47 am


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