Disclaimer: This article provides general information and is not legal advice. Consult an attorney for advice specific to your situation.
Detailed Answer
Under Ohio law, an insurance adjuster may challenge whether your medical treatment relates to your car accident. Follow these steps to strengthen your claim:
- Gather complete medical records and bills. Request records from every doctor, chiropractor, physical therapist and hospital that treated you. Detailed records and itemized bills help prove the date, nature and necessity of each treatment.
- Obtain a treating physician’s affidavit. Ask your primary treating doctor to sign an affidavit stating that your injuries and treatment directly result from the collision. Under Ohio Rev. Code §2317.421, you can waive physician-patient privilege to introduce medical records and sworn statements. Ohio Rev. Code §2317.421
- Consider an independent medical examination (IME). If the insurer requests an IME, attend and fully participate. You may also schedule your own IME to produce a counter-report. Expert testimony must meet admissibility standards under Ohio Rev. Code §2319.36. Ohio Rev. Code §2319.36
- Use formal discovery in a lawsuit. If settlement negotiations stall, file suit before the two-year deadline. Ohio’s statute of limitations for personal injury claims is two years from the date of the accident per Ohio Rev. Code §2305.10. Ohio Rev. Code §2305.10. After filing, you can serve requests for production (Ohio Civ.R. 34) and take depositions of the insurer’s medical experts (Civ.R. 30).
- Send a detailed demand letter. Outline your accident, injuries, treatment dates and total medical expenses. Attach supporting records and set a reasonable deadline for response.
- Consider a bad-faith claim. If the insurer unreasonably refuses to pay valid bills, you may have a claim under Ohio Rev. Code §3901.21 for unfair insurance practices. Ohio Rev. Code §3901.21
- Consult a personal injury attorney. An experienced attorney can negotiate with insurers, prepare formal pleadings, and represent you in court if needed.
Helpful Hints
- Keep a daily symptom diary noting pain levels and activities.
- Save all medical receipts, prescription labels and therapy logs.
- Record dates, times and summaries of every call or email with the adjuster.
- Attend all scheduled medical appointments—even if the insurer questions their relevance.
- Review your auto policy’s medical coverage limits and notice requirements.