• Home
  • About Us
    • David Bressman – Attorney
    • Thomas F. Martello, Jr. – Attorney
    • Jedidiah Bressman – Attorney
    • Karen Bressman – Paralegal
    • Scholarship
    • Safe Roads Policy Scholarship
  • Cases We Handle
    • Car Accidents
    • Truck Accidents
    • Bike Accidents
    • Bus Accidents
    • Motorcycle Accidents
    • Product Liability
    • Dog Bites
    • Traumatic Brain Injury
    • Wrongful Death
  • Areas We Serve
    • Dublin
    • Cincinnati
    • Columbus
    • Grove City
    • Gahanna
    • Hilliard
    • Marion
    • Marysville
    • Ohio
    • Powell
    • Worthington
  • Case Results
  • Testimonials
    • Ohio Uninsured Drunk Driver Case Study
  • Resources
    • Blog
    • FAQs
    • Glossary
    • Press Releases
    • Free Book
    • Blog Archive
  • Contact Us
Bressman Law
Call Us Today: (614) 538-1116
  • Home
  • About Us
    • David Bressman – Attorney
    • Thomas F. Martello, Jr. – Attorney
    • Jedidiah Bressman – Attorney
    • Karen Bressman – Paralegal
    • Scholarship
    • Safe Roads Policy Scholarship
  • Cases We Handle
    • Car Accidents
    • Truck Accidents
    • Bike Accidents
    • Bus Accidents
    • Motorcycle Accidents
    • Product Liability
    • Dog Bites
    • Traumatic Brain Injury
    • Wrongful Death
  • Areas We Serve
    • Dublin
    • Cincinnati
    • Columbus
    • Grove City
    • Gahanna
    • Hilliard
    • Marion
    • Marysville
    • Ohio
    • Powell
    • Worthington
  • Case Results
  • Testimonials
    • Ohio Uninsured Drunk Driver Case Study
  • Resources
    • Blog
    • FAQs
    • Glossary
    • Press Releases
    • Free Book
    • Blog Archive
  • Contact Us

Home » Frequently Asked Questions » Dublin Personal Injury Lawyer » How Do Insurance Adjusters Determine Fault?

How Do Insurance Adjusters Determine Fault?

How Do Insurance Adjusters Determine Fault

Since Ohio is an at-fault state, you may have concerns about how insurance adjusters determine fault if you were injured in a car accident. When establishing fault, insurers follow Ohio’s modified comparative fault rule, which is outlined under Ohio Revised Code (ORC) § 2315.33.

Based on this system, both parties may hold some percentage of responsibility for an accident. Even if an involved party suffered injuries, if they were more than 50% at fault for an accident, they would be unable to collect compensation for their damages.

In a similar vein, if you are less than 51% responsible for the accident, you would be able to recover the cost of your collision-related expenses. However, as you can imagine, many responsibilities go into building a personal injury case. For this reason, you may want to consider how an Ohio car accident lawyer can help you recover compensation.

How Negligence Is Determined in an Auto Collision

Every car accident is unique. The details of your accident may come with its own set of circumstances not present in a similar situation. When evaluating your claim, the insurance adjusters will consider the information from the police report, witness statements, and other pieces of evidence. They will use this information to determine fault.

At the same time, you must remember the insurance adjusters are seeking to protect their company’s interests. It can be beneficial to seek advice from a personal injury lawyer to protect yourself against any unfair insurance practices.

A lawyer can help you by:

  • Investigating the cause of the accident
  • Gathering evidence to support your claim
  • Identifying all liable parties
  • Consulting with medical professionals and accident reconstruction specialists regarding your situation
  • Estimating the value of your claim while also taking into account any future expenses
  • Reviewing and negotiating settlement offers

While most personal injury cases are resolved through the negotiations process, it may be necessary to bring your case to court. Many legal practices provide a free case evaluation to discuss claimants’ situations and options. You may benefit from such a service.

For a free legal consultation, call (614) 538-1116

How Insurance Adjusters Determine Fault

To determine who might be at fault for an accident, insurance adjusters will investigate the circumstances of the accident. They may gather evidence such as:

  • Eyewitness statements
  • Video from red-light cameras or surveillance cameras
  • Photos

They might also have an expert reconstruct the accident to determine how it occurred. They will likely also ask you about the accident. Some of these questions might prompt you to make statements that could jeopardize your case. You may want to ask the insurance adjuster to speak to your lawyer instead.

You Could Still Claim Compensation Even if You Contributed to an Accident

Your compensatory losses will be split into two categories: economic and non-economic damages. Economic damages are financial expenses that can be proven with receipts or invoices, such as medical bills, lost wages, and property damage costs.

Noneconomic damages are more subjective and difficult to quantify since their costs cannot be proven with evidence. Examples of non-economic damages include pain and suffering, loss of enjoyment of life, and loss of consortium.

Things can move quickly following a car accident. The other party’s insurance company may argue that you caused the collision, even if you did not. For that reason, you should consider the value of teaming up with a car accident lawyer.

Click to contact our personal injury lawyers today

Related: Do Truck Companies Have Full Insurance Coverage In Ohio For Trucking Accidents?

How To Protect Your Best Interests After a Car Accident

Following a car accident, your top priority should be your health. It is essential to seek medical attention, even if you feel unharmed. Be sure to continue with your medical care and follow your doctor’s orders. If you fail to keep up with your medical care, the insurance adjuster can claim that you are contributing to your injuries which can affect your compensation.

Complete a Free Case Evaluation form now

Related: When Should I Accept A Car Accident Settlement Offer From The Insurance Company?

Be Mindful of Ohio’s Statute of Limitations

You should also be mindful of Ohio’s statute of limitations, which is outlined under ORC § 2305.10. Most claimants have a two-year period to recover compensation through a car accident lawsuit. If you fail to file your case within the state’s deadline, you could be barred from pursuing compensation for your losses.

Related: Should I Tell My Insurance Company About a Minor Accident?

Call for More Information About How Insurance Adjusters Determine Fault

If you would like to learn more about pursuing compensation or have any questions regarding the claims process, contact Bressman Law. We offer a free case review and represent claimants on a contingency-fee-basis. To get started, call us today at (614) 538-1116.

Call or text (614) 538-1116 or complete a Free Case Evaluation form

Share
Tweet
Share

Dublin Personal Injury Lawyer FAQ:

What Should I Do If Someone From The Trucking Company Calls Me Before I’ve Picked A Truck Accident Lawyer? What Should I Do if Someone from the Trucking Company Calls Me Before I’ve Picked a Truck Accident Lawyer?

What you should do if someone from the trucking company calls you before you’ve picked a truck accident lawyer has more to do with what you should not do in this situation. You should not:

What To Do If You Suffer Stomach Pain After A Car Accident What to Do if You Suffer Stomach Pain after a Car Accident

Even motor vehicle accidents that occur at only a few miles per hour have the potential to inflict life-altering injuries. Sadly, safety mechanisms like seat belts, which can save your life in

What Should I Do After a Bicycle Accident? What Should I Do After a Bicycle Accident?

After a bicycle accident, the steps you should take will depend on the aspects of your particular situation. If you were seriously injured by another party (like a negligent driver), you should

What Makes Tractor Trailers So Dangerous What Makes Tractor-Trailers So Dangerous?

According to the Federal Motor Carrier Safety Administration (FMCSA), the sheer size and weight of commercial trucks are just two things that make tractor-trailers so dangerous. A tractor-trailer can

    Free Case Evaluation





      Scholarship
      Application Form

      Mailing Address

      Contact Details

      Academic Information


      YesNo

      Academic Requirements



      Authorization*

      I hereby certify that all information provided is true, complete and correct.


      Click Here to Chat Live - 24/7
      Dublin Location
      5186 Blazer Pkwy
      Dublin, OH 43017
      Phone: 614-538-1116
      Cincinnati Location
      9435 Waterstone Blvd #130
      Cincinnati, OH 45249
      Phone: 513-434-1818
      Columbus Location
      255A E Livingston Ave
      Columbus, Ohio 43215
      Phone: 614-538-1116

      FAQ Categories

      • Car Accidents
      • Dog Bite
      • Dublin Personal Injury Lawyer
      • Motorcycle Accidents
      • Personal Injury
      • Traumatic Brain Injury
      • Truck Accidents
      • Wrongful Death

      Frequently Asked Questions

      What Makes Tractor-Trailers So Dangerous?

      What Makes Tractor-Trailers So Dangerous?
      Dublin Personal Injury Lawyer

      How Much Is a Wrongful Death Claim Worth in Ohio?

      How Much Is a Wrongful Death Claim Worth in Ohio?
      Wrongful Death

      What Happens If I Don’t Fix My Lisfranc Injury?

      What Happens If I Don’t Fix My Lisfranc Injury?
      Personal Injury

      Find A Personal Injury Lawyer Now!

      • Upper Arlington Personal Injury Lawyer Near Me
      • Marion Personal Injury Lawyer Near Me
      • Hilliard Personal Injury Lawyer Near Me
      • Gahanna Personal Injury Lawyer Near Me
      • Marysville Personal Injury Lawyer Near Me
      • Worthington Personal Injury Lawyer Near Me
      • Columbus Personal Injury Lawyer Near Me
      • Powell Personal Injury Lawyer Near Me
      • Delaware Personal Injury Lawyer Near Me
      • Newark Personal Injury Lawyer Near Me

      Contact Us For a Free Case Evaluation



        Dublin Location
        5186 Blazer Pkwy
        Dublin, OH 43017
        Phone: 614-538-1116
        Dublin Location
        Union County
        Cincinnati Location
        9435 Waterstone Blvd #130
        Cincinnati, OH 45249
        Phone: 513-434-1818
        Cincinnati Location
        Columbus Location
        255A E Livingston Ave
        Columbus, OH 43215
        Phone: 614-538-1116
        Columbus Location
        David Bressman Law
        Follow Us On:

        Message Us on Facebook | Disclaimer | Site Map