Only the homeowner can file a claim with their homeowner’s insurance policy. There are, however, several options available for victims who are injured.

Who Can File a Homeowner’s Insurance Claim for an Accident on the Premises? Only the homeowner can file a homeowner’s insurance claim when a person is injured or hurt on the property [anchor text for link to article titled: Homeowner’s Insurance Claim for Slip and Fall Accidents]. Victims cannot file a claim against another person’s insurance on their own, even if the homeowner is negligent and liable for their injuries. This leaves them with a few options. They can: • Contact an attorney and file a lawsuit against the homeowner. The homeowner’s insurance would then defend them and attempt to offer a settlement to the victim. • Send a certified letter to the homeowners, notifying them of the injuries, the intent to file and requesting they file a claim with their insurance carrier. In many cases, this will encourage the homeowner to file the claim and settle the case without legal interference. • Notify their own insurance policy, and see if this will cover any of the damages suffered. It’s important to note that victims cannot receive compensation from a homeowner’s insurance policy if the injury or accident resulted from their own carelessness or recklessness. If the injury was not the result of the homeowner’s negligence, then they – and their insurance – cannot be held liable for the damages suffered. Typically, in order to be able to seek compensation from a homeowner’s insurance policy, the following must apply: • the victim had a legitimate reason for being in the area where the accident occurred; • there were no warnings or signs that the hazard that caused the accident was present; • the victim wasn’t distracted when the accident occurred; and • an average person wouldn’t have noticed the hazard or would have suffered the same fate at the victim. To ensure they’re following the right process, victims should contact a qualified attorney when they’ve been injured in an accident on another person’s property. Victims in the Dublin, Ohio area should call (877) 538-1116 to speak to a lawyer at Bressman Law today to get started.

Motorcycle Safety Tips: How can I avoid becoming a victim of a motorcycle accident?

Unlike traditional vehicles, motorcycles lack a protective outer shell, leaving drivers vulnerable to serious or fatal injuries in the event of a crash. In fact, according to the National Highway Traffic Safety Administration, there were over 1,000 traffic fatalities in Ohio in 2011.

Moreover, 160 of those, or 16 percent, involved motorcyclists. But although motorcycles do pose an increased hazard, following some motorcycle safety tips is a good way to avoid a motorcycle accident.

Tips to Avoid a Motorcycle Accident

Motorcyclists should always make safety a primary concern when operating their bikes. Doing so can help prevent a dangerous, even fatal, accident from occurring, or reduce its effects should one occur.

Some helpful motorcycle safety tips include:

• Always wear a helmet – Wearing a helmet can go a long way in protecting motorcyclists in the event of a crash. According to the NHTSA, in 2011, helmet use saved the lives of 1,617 motorcyclists. For this reason, many states have enacted a mandatory helmet law. Currently, Ohio’s law only pertains to motorcyclists 17 and younger.

• Take a safety course – In the state of Ohio, motorcycle drivers can take a safety training course through the Department of Public Safety. Open to both minors and adults, courses cost $50 and include options for beginning riders, returning riders and more advanced riders.

• Watch the weather – Rain, fog, clouds and other adverse weather conditions can impair visibility and make driving more difficult. They can also make roads slippery and lead to more traffic, congestion and on-the-road hazards. Additionally, if recent snow or sleet has fallen, there may be other dangers to consider, such as sand or salt on the roads.

• Wear proper gear – In addition to wearing a helmet, motorcyclists should always wear protective boots, pants, gloves and a jacket when operating their vehicles. These can help protect them from road burn, scrapes, cuts, and other unfortunate effects should they get in an accident.

• Don’t speed – Speeding can make it difficult to stop or respond to changing road conditions. Additionally, it can make turning more dangerous and cut down on the time other drivers have to see the vehicle.

• Avoid blind spots – Motorcyclists should always drive where others can easily see them and make it a point to avoid any blind spots. Failing to do so can cause nearby drivers to change lanes into them, turn unexpectedly or pose other hazards to the motorcycle.

• Always use signals – In order to ensure nearby drivers are fully aware of their position and intent, motorcyclists should always use their turn signals when changing lanes, turning or waiting at a light. Additionally, they should use their horn lightly when a signal may not be enough.

• Keep the bike in good working order – Motorcyclists should work to maintain their bikes, getting regular oil changes, safety inspections and more. Doing so can help avoid a motorcycle accident related to defects or other issues with the bike.

When a Motorcycle Accident is Unavoidable

Sometimes, no matter how many motorcycle safety tips a motorcyclist utilizes, motorcycle accidents still happen. Anyone who has been a victim of a motorcycle accident in the Worthington area is encouraged to contact an attorney at Bressman Law at (877) 538-1116. There may be grounds for a legal claim.

What is uninsured motorist coverage and why is it important?

Uninsured motorist coverage provides financial protection in accidents involving uninsured drivers. If injured, seek help from an Ohio injury lawyer in Upper Arlington.


Uninsured motorist coverage is an additional type of car insurance that can cover damages from an accident involving a driver who has no insurance. It is important because it can provide financial protection, not only for property damage sustained but any injury-related costs, too. If having trouble recovering damages under UM insurance coverage, an Ohio injury lawyer in Upper Arlington can provide legal assistance.

Benefits of Having Uninsured Motorist Coverage

Although the state of Ohio requires minimum auto coverage of bodily injury liability and property damage liability, one never knows when an accident with an uninsured driver will happen.

It could be that the motorist allowed the policy to lapse, failed to obtain coverage at all, can’t afford it, or any other number of reasons. UM insurance coverage also applies if hit by a driver who leaves the scene. Uninsured motorist coverage may also be purchased with underinsured motorist coverage (UIM) to cover damages if the at-fault driver has insurance, but not enough to cover all damages.

Uninsured and underinsured drivers can put accident victims in a serious financial situation, especially if there were severe or disabling injuries in the accident. Up to the limits of the policy, UM insurance coverage takes care of damages that might not otherwise be covered. This protection is not only available to the driver of the vehicle, but to any passengers who were injured in the vehicle as well.

Aren’t there other ways to cover damages after an accident with an uninsured driver?

Other types of coverage, like health insurance, may provide some coverage if hit by an uninsured driver, but this doesn’t address other damages that would otherwise be covered by another driver’s insurance policy.

Health insurance won’t provide compensation for lost wages, for example. If a serious injury results in weeks or even months of rehabilitation, going without income for an extended period of time can create a significant financial burden.

There could be damages available above and beyond the costs incurred and the earnings lost. For instance, health insurance won’t cover damages such as pain and suffering.

Of course, there may also be the possibility of pursuing legal action against the other driver with an Ohio injury lawyer in Upper Arlington. But keep in mind that if the at-fault driver wasn’t able to afford insurance, it might be hard to collect compensation to cover damages.

Statistics on Uninsured Drivers in Ohio

According to the Ohio Department of Public Safety, in 2011 there were a total of 48,091 uninsured drivers involved in crashes. Of those, 36,449 were drivers who didn’t have insurance and yet were at fault for the accident.

The following are the top five age groups that did not have proof of insurance at the time of an accident:

• 21 to 25 year-olds (6,972);
• 16 to 20 year-olds (5,434);
• 26 to 30 year-olds (5,183);
• 31 to 35 year-olds (3,824); and
• 36 to 40 year-olds (3,144).

The best way for a motorist to protect him/herself may be by purchasing UM insurance coverage. If there are issues collecting on an uninsured motorist coverage policy or if accident victims wish to pursue a lawsuit against an at-fault driver, an Ohio injury lawyer in Upper Arlington at Bressman Law can help.

Questions to Ask a Lawyer | Hiring an Attorney | Ohio Injury Attorney

Five Critical Questions You Must Ask a Lawyer Before Hiring Him

Consider 5 questions to ask an attorney before hiring. Examples include specialized practice areas, fees, communication and expectations of the case.

You or someone you love just suffered a serious personal injury. Now you're forced to consider hiring an Ohio injury attorney because your medical bills are piling up, you're missing work because you're in severe pain, and you're losing income. But before you decide on who will represent your case, arrive at your legal consultation prepared with this list of critical questions. His or her answers will help you determine if s/he is right for you and your personal injury claim. (Insert link to article "10 Signs of a Bad Attorney")

Questions to Ask a Lawyer Before Hiring an Attorney

The first question you should ask the attorney is what area(s) of law s/he specializes in. If s/he primarily handles medical malpractice cases and doesn’t handle traffic accidents, s/he might not be the best choice for a truck accident claim. You may also ask how long the attorney has been practicing in a particular area and if the lawyer has handled similar cases.

A second question to ask a lawyer is what his/her expectations are regarding your case. For instance, you'll want to know your chances of receiving a fair and comprehensive settlement and how long it'll take to get an offer. Keep in mind that no attorney should ever guarantee results, but there might be at least some thoughts on what could happen given the circumstances.

Third, when hiring an attorney, be sure to ask what legal fees can be expected and if the Ohio injury attorney can provide a fee schedule. Determine if s/he works on a contingency fee basis or by the hour. Inquire about ways to possibly cut costs. These needn’t be offensive to the attorney.

For example, the attorney may want to allow some paralegals to handle research or phone calls which could both reduce your costs as well as the time that specific attorney needs to address matters that someone else could do.

Fourth, ask the attorney about the firm's communication policy. What will be the best way to contact him/her? Through email, telephone, or other means? About how often can updates on the case be expected?

Individuals in Ohio can contact an injury attorney at Bressman Law to set up a consultation if interested in hiring an attorney. Be prepared with questions to ask the lawyer during your consultation, and be prepared to discuss case details.



Insurance Claim Tips Personal Injury Claim Value Ohio Personal Injury Lawyer

Insurance Claim Tips to Help Maintain Personal Injury Claim Value

Remember these insurance claim tips to maintain personal injury claim value. An Ohio personal injury lawyer can help deal with insurance companies and adjusters.

The following insurance claim tips may help avoid reduction of personal injury claim value. This means collecting ample evidence to prove someone else’s negligence and damages suffered, and knowing how to deal with the insurance company – an Ohio personal injury lawyer can assist with this process. (Insert link to What is my claim worth? Determining the Value of a Personal Injury Case)

Protecting Personal Injury Claim Value

The value of a claim will be dependent on a few factors, including negligence. In Ohio, a personal injury lawyer can help collect documentation or information that is relevant to the case. Through evidence, accident victims may be able to prove that another party is responsible for the injuries sustained.

Keep receipts of any repairs to property, along with medical bills and statements. Request copies of items such as an accident report or the results of an X-ray. It’s also a good idea to keep a record of injury progression, indicating the impact the injury has had on employment and other daily activities.

Another insurance claim tip is to gather contact information of any bystanders, witnesses or experts who might be able to assist with the case. Any type of evidence that could be used to establish injuries and fault can be helpful.

It’s also important to be cooperative with the insurer. A claim can be put in jeopardy by failing to cooperate, such as lying about pre-existing conditions or withholding evidence.

Of course, caution should be used when talking with the insurance company, and an Ohio personal injury lawyer can help. Signing paperwork or making statements that suggest personal fault for an accident could end up hurting a case, so consult with an attorney before signing anything.

When it comes to determining personal injury claim value, any responsibility the injured person might have will be factored in. Along with this are the actual costs incurred and other types of damages suffered. It may be best to talk with an Ohio personal injury lawyer to maintain the value of a claim and for additional insurance claim tips.

Gas Prices Higher During Spring & Summer

Gas prices usually head higher during the spring and summer but not this year. The American Automobile Association’s new forecast says drivers are likely to pay less this summer, with prices dropping to below $3.40 a gallon in most states by July, down from today’s average of $3.55. As long as there aren’t what AAA calls “refinery problems or significant international news events,” the trend of lower prices is likely to continue. Ample refinery production and weak demand are reasons for the expected price drop. April gas prices are at their lowest since 2010. West Texas crude is close to $93 a barrel on oil futures markets. The decline in gas costs could lead to a busier summer driving season.

What to do if your car has been recalled?

If you find out about a vehicle recall by reading a report in a newspaper or magazine, or on an automotive web site, don't dash right down to the nearest dealership to demand immediate satisfaction. Unless you are currently experiencing a serious safety problem, wait a while before proceeding. An official notice should be coming by first-class mail, directly from the manufacturer, who is allowed a "reasonable time" to make arrangements for any necessary repairs. If your vehicle is in fact actively showing signs related to a serious safety recall, definitely contact a dealer immediately.

The Process

As a result of several unpleasant incidents when information was held back, automakers know the importance of admitting responsibility if a safety problem is discovered—and taking action swiftly. That doesn't mean a dealership's technicians are ready and waiting instantly, wrenches in hand.

Not only do engineers have to isolate the cause of the safety problem, they must determine how the repair can be made at dealership service departments. Essential parts have to be obtained and made available to the company's dealers. Technicians might need specific instructions for remedying the safety defect.

Automakers know the importance of admitting responsibility if a safety problem is discovered—and taking action swiftly. When the manufacturer's notice finally arrives by mail, it should specify exactly what you need to do to get your vehicle repaired. It should indicate how long the repair takes, evaluate the safety risk caused by the defect, and explain any potential hazards. Finally, the notice should include a number to call if any problems develop when trying to get the work done.

Manufacturers use state motor-vehicle records to determine registered owners of the affected vehicles. Inevitably, some owners fail to receive their notices. If nothing arrives in a reasonable time, but you know a recall is taking place, you may have to take individual action.

First, take a look at the National Highway Traffic Safety Administration's web site. (This is the agency that administers safety recalls.) Look up the recall, searching by the make, model and year of your vehicle. Once you find the report, it should state when the notifications are (or were) supposed to be mailed. Recall reports can also be obtained over the phone by calling NHTSA.

Remember, not every recall affects every version of a given model. The NHTSA report often includes one or more limiting factors, indicating that the recall applies only to certain examples of a particular make and model. It might affect only cars with an automatic transmission, or with a specific accessory installed.

Take note of the NHTSA Campaign Identification Number. If a question ever comes up, or a dealer's service department has trouble finding information about a recall, it pays to be able to point to its official number.

Then, if a fair amount of time has passed and you still have not received any notification, contact the manufacturer at the phone number given in the NHTSA report. Have details about your car at hand, including the 17-character Vehicle Identification Number (VIN) and the date you purchased the vehicle.

When it's time to get your vehicle fixed, any dealer selling that brand of car or truck is required to do to the repair if asked. Furthermore, federal law mandates that the repair be free of charge. Call the service department to schedule a repair visit, stating clearly that this involves a recall.

Don't be surprised if the folks in a strange dealership's service department fail to jump for joy upon learning of your arrival. Just because a dealership is required to do recall (and warranty) work on any vehicle that shows up, the people in charge don't have to like it. If you have regular maintenance work done at the dealership where you bought the car, they just might be happier to see you if a recall develops later.

Occasionally, a recall has no repair specified. This doesn't mean the matter is forgotten—just delayed. The manufacturer's engineers have isolated the problem, but haven't come up with a suitable remedy yet. You'll need to check back later to see what progress has been made.

Exceptions

Does the manufacturer and its dealers have to fix every single recall that's issued? There is one important exception: When the vehicle is more than eight years old when the defect is determined, the recall rules don't apply and repairs are not free. In addition, if you had the car fixed yourself before a recall was issued, the manufacturer is not obligated to provide reimbursement.

Resource

National Highway Traffic Safety Administration (NHTSA), www.nhtsa.dot.gov, (888) 327-4236 (Recall reports)