Legal Question in Personal Injury in Ohio

Re: car accident

The general rule is the damaged vehicle is either repaired or replaced. If the cost of repair is above the fair market value of the vehicle, the insurance company will total the vehicle and give you the fair market value. If you wish to keep the vehicle in this situation, the company will give you the salvage value, which is less than the fair market value. The current value of the improvement should be taken into account. Further, if you wish to keep the vehicle, you will get a salvage title, but can have that changed to a ordinary title after repair and inspection. What you need to determine is the fair market value of your vehicle prior to the accident. If you feel that that number, minus a discount for returning the totalled vehicle to you, is greater than the insurance company's number, you should provide the documentation you have regarding the value of the vehicle to the insurance company and see if they will give you more money.

With respect to your medical treatment, do you have medical payments coverage with your motor vehicle insurance? If so, you should submit the bills to your insurance company for reimbursement to you or payment directly to the physician. Of course, your insurance company will be entitled to recover the amount of money they expend for these bills from the insurer of the at fault driver. This will necessarily reduce the money you would recieve from the at fault driver.

Additionally, Ohio law entitles an injured person to compensation for any pain, suffering, emotional distress and/or lost wages that resulted from the accident.

If you are still receiving treatment and are having difficulties with the property damage settlement, you may want to consider contacting an attorney to represent you. Most attorneys do personal injury work on a contingency fee basis with the client being responsible only for the costs or out-of-pocket expenses.

I hope this helps. If you have any additional questions, let me know.