Typically, with a personal injury claim, an insurance company will be permitted to access your past medical history through the discovery process when a lawsuit is filed. In which case, they will certainly attempt to use that history, especially if the prior injury is in the same general area, to lessen their exposure.
Do I Have Any Chance Of Recovering Financially For My Injuries If I Am Struck By An Uninsured Or Underinsured Driver In Ohio?
You can file a claim under your own insurance policy if you are struck by an uninsured or underinsured driver. Many times, Ohio drivers have uninsured or underinsured insurance through their own insurance carrier. In these cases, you would present a claim to your insurance, in the same manner as if it were a third-party liability claim. If they don’t have insurance, you also have the option to pursue damages directly from the driver or from the person who is responsible for the accident.
If I Have A Bad Driving History, Can The Insurance Company Use This Against Me To Deny Or Limit My Personal Injury Claim?
If you have a poor driving record, the insurance company could try to make an argument that you were comparatively negligent in the accident, meaning you were partially responsible. In which case, they could try to limit or reduce your award. It would be a difficult argument to make. Just because you have had several accidents, doesn’t mean they were all your fault. If they were to try that, most competent attorneys would be able to overcome that burden.
What Are Some Common Tactics Used By Insurance Companies To Delay Or Deny Paying Out Claims?
A lot of times, what insurance companies will do to delay paying a claim, is argue the amount and type of treatment is not appropriate to the degree of injury. They will argue that a certain period of time is all that is required to treat for a particular injury. Oftentimes they only allow three months of treatment for a soft tissue injury. Anything over three months, they may argue they are not responsible for and claim your pain is due to a pre-existing injury or an unrelated claim.
How Can Hiring An Experienced Personal Injury Attorney Help Me After My Car Accident In Ohio?
A personal injury attorney’s job is to ensure that the insurance companies pay what the person is entitled to for their injuries. The insurance adjusters are there to settle their claims as quickly and for as low an amount as possible.
To obtain fair compensation, typically that entails an appropriate settlement for the loss of income, as well as loss of enjoyment of life, loss of companionship, the inconvenience of the accident, and all aspects under pain and suffering. The insurance company would owe for the actual medical bills and lost wages. Then determining what your pain and suffering claim is worth is what a seasoned attorney would be able to calculate to ensure the insurance company is paying what they are required to pay.
For more information on Access to Past Medical Records in Ohio, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (864) 271-7940 today.