How does negligence factor into insurance claims?

Liability coverage appears on many different insurance policies. Ohio residents often rely on liability provisions in homeowner and auto policies to protect their financial well-being. Commercial and renter’s insurance policies frequently provide liability protections. Now, loss mitigation represents a smart step even with an insurance policy. Addressing hazards might be much easier than dealing with a lawsuit. Regardless, incidents may occur that leave an injured person claiming negligence caused their harm. So, they seek to file a claim against the injured party’s insurance policy. Claim settlements may hinge on whether the insured party was negligent or not.

Negligence and fault

Negligence suits often examine someone’s action or lack of action. A person or entity that had a duty of care and did not respond in a way a “reasonably prudent” party would might be liable for any resulting injuries. Failing to fix a broken railing, one that presents a safety risk, could leave someone responsible for injuries suffered by someone who falls.

Careless and reckless behavior may cause others harm. Speeding 25 mph above the speed limit reflects reckless road behavior that could lead to an accident. Ultimately, when someone’s negligence leaves someone injured, liability coverage may cover the incident. Some actions, such as deliberate ones, would likely face exclusions.

Parties at fault for accidents

Sometimes, questions arise about who is truly responsible. If someone operated a vehicle while intoxicated and crashed into a home’s wall, the driver would likely be solely responsible for resulting injuries and property damage. The homeowner did nothing negligent. However, if the homeowner illegally blocked off the road and an accident results, blame may shift to the homeowner. Ultimately, negligence examines who was wholly or partially at fault for an accident or deliberate action.

What if the homeowner and the driver both contributed to the accident. Laws vary from state to state, but Ohio follows comparative negligence law. So, anyone who bore more than 50% fault for an accident cannot claim any damages.

A personal injury attorney could explain Ohio’s civil litigation statutes. The attorney may negotiate with insurance companies on a victim’s behalf.