After someone else’s negligence causes a car accident, you have the right to claim compensation for your medical expenses, lost income, and any other losses. Of course, the other driver’s insurance company will argue back. Below, our Dublin car accident lawyer outlines the most common defenses in these claims and how to overcome them.
You Were at Fault
One of the first defenses raised in car accident claims is that you were at fault for the crash – whether entirely or partly. Either scenario could result in obtaining a lower settlement than you deserve, or not receiving any compensation at all.
Ohio is a modified comparative fault state. Under this law, if it is determined that you were more than 51 percent at fault, you cannot claim any damages at all. If it is determined that you were less than 51 percent at fault, you can still claim damages – however, any compensation you receive is reduced by your same percentage of fault.
Social Media Posts as a Defense
It is generally recommended that you refrain from posting to social media after a car accident. Even if you do not post about the crash, anything you say or publish can be used against you. For example, you may want to share a picture of you going out for drinks with friends. Even if the picture was taken months before the crash, the insurance company may use it to argue that your injuries are not affecting your life as much as you claim they are. At least until your personal injury case is closed, it is recommended that you stay off social media.
Failing to Seek Medical Treatment
Nothing is more important after an accident than your safety and well-being. For this reason, it is critical that you seek medical attention after any accident. Even if you do not think you were injured, you should still be examined by a doctor. You should also attend any follow-up visits and follow through with any recommendations provided by your doctor.
If you do not seek medical treatment, the insurer will use that fact to claim that you were not injured. They will argue that if you had been injured, you would have seen a doctor to evaluate your injuries and receive treatment.
Our Car Accident Lawyer in Dublin Can Fight Back Against These Defenses
After being hurt in a crash, the last thing you need is to be blamed for the crash. At Oliver Law Office, our Dublin car accident lawyer can advocate for you so you obtain the full and fair compensation you deserve. Call or text us now at 614-220-9100 or chat with us online to book a free review of your case.
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