Frequently Asked Questions

Who is Responsible to Pay My Medical Bills and Lost Wages if I am involved in a car accident?

In Ohio, the medical expenses incurred and the wages lost as a result of injuries sustained in a car accident are the responsibility of the person at fault and that person’s insurance company.

When Can I Expect to Be Paid?

Unfortunately, even if the person who caused your injuries is clearly at fault, neither that person nor their insurance company is required to make any payments to you until your case is finally settled in full. Due to the difficulty in determining the extent of your injuries and damages, it can oftentimes take several months before the case is settled in full.

Who Will Pay My Medical Bills Before the Case is Settled in Full?

If you have health insurance, Medicare, or Medicaid, these entities will pay your medical expenses as they arise.

It is important to understand that health insurance, Medicare, and Medicaid have the right to be reimbursed for these expenses in the event that you settle or obtain a verdict against the responsible parties or their insurance company. This is called subrogation. Often times our personal injury attorneys can negotiate these subrogation amounts.

What Other Funds Do I Have Access to While My Case is Pending?

MedPay: Many car insurance policies contain a type of insurance known as medical payment benefits (also known as “MedPay”). This insurance pays benefits if you are injured in a car accident regardless of who is at fault. Oftentimes you can receive these funds even though the bills have been paid by your health insurance carrier. These policies also have contain subrogation rights as explained above. Our personal injury lawyers will review the insurance provisions to determine what funds may be available while you are treating for your injury.

Short and Long-Term Disability Insurance: It is common for individuals to have disability insurance, usually through their employer. These funds may be available to supplement your income during the period of your treatment and recovery. Some policies contain subrogation rights for these benefits and others do not. Our personal injury attorneys will review these policies in detail to make that determination on your behalf.

How Much is My Personal Injury Claim Worth?

You are entitled to be “made whole” by the party at fault or their insurance company. this can include the following:

Medical Expenses: the law entitles you to the “reasonable amount” of medical expenses incurred as a direct result of the car accident. To the extent we can prove that medical expenses resulting from the accident are reasonably certain to occur in the future, you are entitled to the reasonable value of future medical expenses.

Wage Loss: the law also entitles you to the wages that were lost as a result of the car accident AND any lost wages in the future as a result of the accident. Furthermore, if we can that your earning capacity has been impaired as a result of the car accident, you are entitled that amount as well in your award for damages.

Pain and Suffering: the law entitles you to damages for pain and suffering. This includes the pain, mental anguish, anxiety, and grief that a person experiences as a result of injuries sustain in the accident. As with other damages, you are entitled to recover damages for future pain and suffering - to the extent that we are able to prove such future pain and suffering.

Inability to Perform the Normal Duties of Daily Living: In addition to the physical pain, you are entitled to recover damages for the inability to perform your normal activities of daily living as a result of injuries sustained in the accident.

Who Determines How Much I Get Paid?

If we are not able to come to an agreement on an amount during settlement negotiations with the insurance companies and the responsible parties, you have the right to have a jury determine the amount of damages you are entitled to recover at a jury trial.

I’m Not At Fault So Why Does My Insurance Company Have to Be Notified?

In Ohio, the person who caused your injuries or that person’s insurance company is not required to make any payments until your case is settled in full or tried to verdict. Therefore, your insurance policy may have two very important provisions relating to bodily injury:

1. Medical Payments Coverage (“MedPay”): this will pay your medical bills up to a predetermined amount regardless of who is at fault. The medical expenses must be “reasonable” and related to the car accident. Under many policies, you will receive the payment directly. Again, your insurance company has subrogation rights to be reimbursed for these payments upon settlement in full of your claim.

2. Uninsured/Underinsured Motor Vehicle Coverage (“UM/UIM Coverage”): this coverage is not required in Ohio however, if you have purchased this coverage it may provide payments to you if the person at fault either doesn’t have insurance OR does not have sufficient insurance to “make you whole” for your damages and injuries sustained in the car accident. Even if you do not make a UM/UIM claim, it is important to notify your insurance of this potential claim so your insurance company can investigate the matter. If you fail to notify your insurance company in a timely manner - and its position is prejudiced as a result - they may attempt to deny coverage for your UM/UIM claim.

Will My Rates Go Up If I Make A Claim?

If you are not at fault, Ohio law prohibits an insurance company to raise your insurance rates as a result of you filing a claim under your uninsured/underinsured motorist policy.

Will My Insurance Company Cancel My Coverage if I Make a Claim?

Similarly, if you are not at fault, Ohio law prohibits an insurance company to cancel your coverage as a result of you filing a claim under your uninsured/underinsured motorist policy.

Why Does My Insurance Company Have the Right to Make Me Repay Them if I Receive a Settlement from the Person Who Caused My Injuries?

All insurance policies contain a subrogation and reimbursement clause that benefits only the insurance company. The contract allows your insurance company to recover from the person who caused your injuries any payments that it makes to you. And more importantly, your insurance company has the right to recover from your settlement with the person who caused your injuries.

What if There Isn’t Enough Insurance to Cover All of My Damages?

The language in your insurance policy controls the right of your insurance company to recover what it has paid to you from the settlement. Most insurance contracts have language that permits the company to take the “first recovery” - meaning they get their money first before anyone else. Most insurance contracts do not require that your insurance company share in the costs or expenses of collecting the money from the person at fault.

Do Any Other Entities Have Subrogation or Reimbursement Rights?

Yes, to name a few: Medicare, Medicaid, the Bureau of Workers Compensation, and your health insurance company all have subrogation and reimbursement rights. Our personal injury lawyers can help explain and walk you through the subrogation process.

The Other Party’s Insurance Company is Contacting Me. Should I Speak to the Adjuster?

You should speak to a car accident attorney prior to speaking to the other party’s insurance adjuster. When we undertake representation, we notify the insurance company that all contact shall be through our office and you are instructed not to discuss the matter with the adjuster. The danger in speaking with an adjuster is that any statement that you make can be used against you in a later trial or proceeding. Statements made by your personal injury attorney are exempt from this danger.

What is Negligence?

Negligence is the failure to exercise the degree of care required of a reasonable and prudent person in any given circumstance resulting in injury or damage to another.

How do I Choose the Right Personal Injury or Car Accident Lawyer?

Personal injury cases require personal attention. The personal injury lawyer you hire needs to be one you know you can count on to give your case the personal attention it deserves.

Do I Live in a No-Fault State or an At-Fault State?

Ohio is an at-fault state. That means the costs of your medical bills, injuries, and property damages are paid by the at-fault party’s insurance.

Kentucky is a no-fault state. That means the costs of your medical bills and injuries are paid by your insurance policy - regardless of who was at fault. Property damages, however, are paid by the at-fault party’s insurance.

What Should I Do if I’m Injured in a Car Accident?

Being involved in a car accident is a traumatic experience. The health and safety of you and anyone else in your vehicle is paramount. So is the car accident lawyer you choose.

What Should I Do if I’m Involved in a Truck Accident?

Truck accidents are inherently different from regular car accidents, primarily due to the size, weight, and force involved in collisions with large commercial vehicles. Our personal injury attorneys have the experience to handle your truck accident claim.

How Do I Choose The Right Car Insurance Policy?

Unfortunately many people don’t realize what kind of car insurance policy they have until it’s too late. Make sure you are covered adequately.

3 Locations — Call 24/7

Our initial consultations are always free. We have 3 convenient office locations, Downtown Cincinnati, Oxford and in Amelia. For a free consultation you can call the Cincinnati Personal Injury & Car Accident Attorneys of TK Law 24/7 at 513.999.5297 or submit a request online here. Whether you live in Milford, Mason, Colerain or anywhere in between we are ready to work for you.