Disclaimer: This article is for educational purposes only. It does not constitute legal advice. Consult a licensed attorney for guidance on your specific situation.
Detailed Answer: Ensuring Liability Acceptance for Medical Expenses in Ohio
Under Ohio law, the at-fault driver’s liability insurer must cover reasonable and necessary medical expenses arising from a covered accident. To secure the insurer’s acceptance of liability, follow these key steps:
1. Promptly Report the Claim
Notify the at-fault party’s insurer as soon as possible after the accident. Ohio Revised Code § 3901.21 requires insurers to acknowledge and act on claim communications promptly. Provide the insurer with basic details: policy number (if known), date and location of the crash, and brief injury description. Timely notice helps prevent disputes over late reporting.
2. Compile Strong Evidence
- Obtain a copy of the police crash report.
- Keep all medical records and itemized bills related to treatment.
- Document lost wages with pay stubs or employer letter.
- Take photographs of injuries and vehicle damage.
Presenting clear, organized documentation demonstrates the link between the accident and your medical costs. It also shows that your expenses are reasonable and customary.
3. Submit a Detailed Demand Letter
Draft a demand letter that itemizes your medical expenses, outlines your injuries, and references the attached evidence. Cite the at-fault driver’s policy limits and request payment within a specific timeframe (e.g., 30 days). A well-crafted demand letter signals you are prepared to pursue litigation if necessary.
4. Invoke Ohio’s Bad Faith and Prompt‐Pay Rules
If the insurer unreasonably delays or denies your medical expense claim, you can point to Ohio’s Unfair Claims Practices Act. Under Ohio Revised Code § 3901.22, insurers must communicate claim decisions within a reasonable time. A denial without a reasonable basis may expose the insurer to bad faith liability under Ohio common law (see Hoskins v. Aetna Life Ins. Co., 32 Ohio St.3d 244).
5. Preserve Your Rights with Timely Lawsuit
If negotiations stall, file a lawsuit before Ohio’s two-year statute of limitations expires. Under Ohio Revised Code § 2305.09, you generally have two years from the date of the accident to bring a personal injury action. Filing suit preserves your right to recover medical expenses if the insurer refuses to accept liability.
Helpful Hints
- Create a chronological file of all communications with the insurer.
- Send correspondence via certified mail to track delivery dates.
- Review the at-fault driver’s policy declarations page to confirm coverage limits.
- Consider medical payment (MedPay) coverage if you have it; it pays your bills upfront and allows subrogation against the at-fault insurer.
- Keep detailed notes of phone calls: date, time, person spoken to, and key points discussed.
- Consult a personal injury attorney early to evaluate settlement offers and ensure no deadlines lapse.