Columbus, Ohio. According to David A. Bressman, a personal injury lawyer who limits his practice exclusively those injured in car accidents, insurance companies use many standard arguments when trying to minimize payment to injury victims. Here is #5 in this ongoing series:
Shifting The Blame to Some Other Cause
• An act of God or unknown person was responsible for the accident.
In Ohio, it is very important to get the names of any witnesses as soon as you possibly can. If, for instance, you are hit by a vehicle which then leaves the scene and you don't have any "independent corroborative evidence" then you may not be covered! In other words, Ohio law presumes that you are making a fraudulent claim unless you have independent witnesses to back you up! This, regardless of your claims history and regardless of any other indicator that you are an honest person and this regardless of the number of years you have been faithfully paying your insurance premiums.
• The accident was “unavoidable.”
Few car wrecks are actually "accidents." Usually, it is a matter of poor choices. The other driver chose to talk on the phone, chose to put on makeup, chose to turn and talk to the kids, chose to stay up late the night before so that he/she is no longer as attentive, chose to drive too close, chose to swerve to avoid hitting the cat, chose to .... But that won't stop the insurance company from arguing otherwise.
• There was an “emergency” that excused the defendant’s negligence.
I.e,. unexpected heart attack, seizure or other physical condition is the usual focus of this argument.