Auto Accidents: Beginning the Litigation Process

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No one gets behind the wheel expecting to have an accident.

In a split second, cars can collide, and lives can be changed forever. In the aftermath, victims have enough on their minds to just get back on their feet. Sorting out car insurance and medical insurance issues can become overwhelming. When the other party is not insured or is underinsured, however, a frustrating situation can seem to become impossible.

Is there hope of a resolution? Do not be afraid to ask for help. The Law Office of Tom Somos, LLC has helped countless individuals in the Columbus area sort through this situation before, and we are ready to put our experience to work for you. (Click here to schedule a risk-free consultation.)

Our Process

We begin the litigation by filing a Complaint against the negligent driver and any other responsible parties. We also join a client’s auto insurance carrier because often times when we are filing the lawsuit (or filing the Complaint), we are not sure how much insurance coverage the negligent driver has. The negligent driver’s insurance company is not required to disclose the limits of their driver’s insurance policy to us or our clients before the filing of a lawsuit. However, after the filing of a lawsuit, the insurance company is required to disclose the limits of the negligent driver’s insurance policy.

We have to add a claim in the Complaint against our client’s auto insurance carrier for uninsured/underinsured motorist coverage. If a negligent driver is not insured at the time of the incident, our client can fall back on his or her insurance company. This claim is called an uninsured motorist claim. Similarly, if a negligent driver at the time of the incident doesn’t have an adequate amount of insurance coverage to cover all of a client’s losses, our client can fall back on his or her insurance company to cover any losses in excess of the limits of the negligent driver’s insurance policy. This claim is called an underinsured motorist claim.

We also join our client’s auto insurance carrier and health insurance carrier because they often pay our client’s medical bills. Both the auto insurance company and the health insurance company are entitled to be reimbursed for all medical bills that these carriers pay on behalf of our clients. This is called a right of subrogation. This right of subrogation is extremely unfair to our clients because our clients pay their premiums to have this coverage. Unfortunately, Ohio law gives these insurance companies the right to recoup all of the money they paid for medical bills on behalf of our clients.

Seek the Help You Deserve

Remember, the filing of a lawsuit does not mean that you have to go to Court. It simply puts the case in a more “formal” environment forcing the lawyers to exchange information in an effort to reach a resolution in your case. Don’t go it alone. You deserve high quality representation for the fullest recovery possible.

Contact The Law Office of Tom Somos, LLC today.

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