ccident claim

car insurance rates

 

Personal injury clients involved in motor vehicle accidents commonly ask me if their auto insurance company will raise their premiums if they make a claim even if they did not cause the accident.

Under Ohio law, assuming you did not cause the accident, auto insurance companies cannot raise the premiums or rates of their insured if it is the first accident within the policy period or the insured is bringing a claim for uninsured or underinsured motorists benefits.

Ohio Revised Code §3937.22 states:

No insurer shall increase the cost of a private passenger automobile insurance policy based on the insured’s involvement in a single motor vehicle accident during the policy period when both of the following apply:

(A) The insured’s action is not a proximate cause of any loss, damage, injury, or death arising out of the accident;
(B) The insured has not been convicted of, pleaded guilty to, or pleaded no contest to, a violation of law as a result of the accident.

Ohio Revised Code §3937.23 states:

No insurer shall increase the cost of a private passenger automobile insurance policy based on the insured’s involvement in a motor vehicle accident with an uninsured or underinsured motorist, when both of the following apply:

(A) The insured’s action is not a proximate cause of any loss, damage, injury, or death arising out of the accident;
(B) The insured has not been convicted of, pleaded guilty to, or pleaded no contest to, a violation of law as a result of the accident.

It is typical that those injured in car accidents and motor vehicle accidents access medical payments coverage under the own auto insurance and bring uninsured/underinsured motorists claims for additional benefits. Generally, as stated above, an individual injured in a car accident or motor vehicle accident should not worry about increased insurance premiums.

Medical Payments Coverage generally pays for medical costs after you are hurt in a car accident, regardless of who is found at fault for the accident. Additionally, medical payments insurance may help pay for:

  • Funeral expenses;
  • Injuries sustained by your passengers; and
  • Injuries you sustain as a pedestrian or bicyclist after a car hits you.
  • Benefits and restrictions of medical payments coverage will differ between car insurance companies.

Uninsured/Underinsured Motorists Coverage protects those injured in car accidents and motor vehicle accidents from drivers that do not have auto insurance or do not have auto insurance sufficient to pay for all of the damages incurred by the injured party. Uninsured/Underinsured Motorists Coverage covers the following:

  • Past and Future Medical Expenses;
  • Past Lost Earnings and Future Lost of Earning Capacity;
  • Out of Pocket Expenses;
  • Past and Future Physical Pain and Suffering;
  • Past and Future Mental Pain and Suffering; and
  • Past and Future Loss of Enjoyment of Life.

The personal injury layers at Cowan & Hilgeman have recovered millions in compensation for clients. Our lawyers create plans of attack for each case specific to the client’s needs and expectations. The personal injury lawyers at Cowan & Hilgeman are committed to the aggressive pursuit of compensation and fully explain the claim process throughout the entire case.

We offer free case evaluations and only get paid an attorney fee if we win your case.