Ohio’s Insurance Laws: What to Do When Your Auto Insurance Is Underpaid

Ohio's auto insurance laws are designed to protect both drivers and insurance companies, ensuring that policyholders receive fair compensation in the event of an accident. However, there may be instances where your auto insurance claim is underpaid, leaving you wondering how to proceed. Understanding your rights and the necessary steps to take in such situations is crucial.

Understanding Underpaid Insurance Claims

An underpaid insurance claim occurs when the payout offered by your insurance company is less than what you believe you deserve based on your policy coverage, damages incurred, and medical expenses. This can arise due to several reasons, including errors in damage assessment, insufficient claim documentation, or a denial of certain expenses.

Know Your Policy and Coverage

Before taking action against an underpaid claim, it’s essential to thoroughly review your auto insurance policy. Understand the limits, deductibles, and types of coverage you have, such as liability, collision, comprehensive, and uninsured motorist coverage. This knowledge will help you assess whether the insurance company’s offer aligns with your policy provisions.

Document Everything

Documenting all communications and correspondence with your insurance company is key to any potential dispute. Keep a detailed log of phone calls, emails, and letters, including names and dates. Additionally, gather all relevant documents, such as repair estimates, photographs of damages, medical records, and any other evidence that supports your claim. This will strengthen your case if you need to contest the underpayment.

Communicate with Your Insurance Company

The next step is to contact your insurance adjuster or the claims department. Politely express your concerns regarding the underpayment, providing detailed justification based on your policy and supporting documentation. It’s important to remain calm and professional throughout this process. Request a detailed breakdown of how the payout was calculated, which can help you pinpoint discrepancies.

Get an Independent Assessment

If you disagree with your insurance company's assessment, consider obtaining an independent evaluation of your damages from a certified appraiser or mechanic. This can provide you with additional proof to support your claim and potentially challenge the insurance company’s valuation. Make sure to present this independent assessment to your insurance adjuster.

File a Complaint with the Ohio Department of Insurance

If your issues remain unresolved after you have communicated with your insurer, consider filing a complaint with the Ohio Department of Insurance. This state department oversees insurance regulations and can intervene on your behalf. Be prepared to provide all documentation related to your claim and the steps you've taken to resolve the issue.

Seek Legal Advice

If all else fails, or if you feel that your insurance company is acting in bad faith, it may be time to consult with an attorney experienced in insurance claims. A lawyer can help you evaluate your options, negotiate with the insurance company, or pursue legal action if necessary. They understand Ohio's insurance laws and can guide you through the complexities of filing a lawsuit for underpaid claims.

Preventing Future Underpayments

To avoid issues with underpayment in the future, regularly review your auto insurance policy and update it as necessary. Ensure that you have adequate coverage based on your driving habits, the value of your vehicle, and any changes in your personal situation. Additionally, maintain comprehensive documentation of your vehicle’s condition and any improvements you make over time.

In summary, dealing with an underpaid auto insurance claim in Ohio involves understanding your rights, documenting your case, and following appropriate steps to rectify the situation. By being proactive and informed, you can help ensure that you receive the compensation you deserve.