If I was in a car accident and the other driver was cited by, what to do if the police. insurance company will not pay because of road conditions and visibility?

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If I was in a car accident and the other driver was cited by, what to do if the police. insurance company will not pay because of road conditions and visibility?

Will we have to have a jury trial to decide this?

Asked on August 4, 2013 under Accident Law, Ohio

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If the at-fault party's insurance company is denying your claim, you will need to sue the at-fault party for negligence.

Your lawsuit should include claims for the property damage to your car (cost of repairs), and if you were injured, you would also have a personal injury claim.  If you were injured in the accident, when you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary, which means having reached a point in your medical treatment where no further improvement is anticipated, obtain your medical bills, medical reports, and documentation of wage loss.  Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.

Most likely, your lawsuit will settle before it gets to the point of a trial.  If it does not settle, you can choose to have a jury trial or a non-jury trial.  A non-jury trial means the case will be decided by a judge.  Another alternative instead of a trial is arbitration in which the case is heard and a decision is rendered by an arbitrator.

 


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