When an insurer assigns you part of the blame
A claims representative says the other driver was mostly responsible, then reduces the offer because you supposedly contributed to the collision. Before arguing over a percentage, find out what facts the insurer used and which part of the claim it reduced. An auto accident attorney can help compare the written position with the actual evidence. S&S Law can discuss whether an appropriately licensed Ohio lawyer is available to evaluate an injury claim arising from a Mason crash. A phone call alone does not create representation or settle fault.
Ask for the reduction in writing
Save the letter, email, estimate, or portal message that states the proposed reduction. Note the claim number, insurer, coverage, date, dollar amount before and after any deduction, and whether the position concerns vehicle repairs, medical losses, or both. If the reasoning came only by phone, make a dated note of the speaker’s words and ask for a written explanation. Do not turn a vague statement such as you could have avoided it into a fact you agree with.
Ohio Administrative Code rule 3901-1-54 sets minimum procedures for property and casualty claims under insurance contracts issued to Ohio residents. It requires an insurer to document how comparative negligence was applied to a claim settlement and to disclose that information fully to a claimant who requests it in writing. In the automobile estimate provisions, it also requires specified deductions, including comparative negligence deductions, to be itemized and supported in the claim file. Those provisions supply a practical request, not a guarantee that the insurer must agree with your account or pay the figure you seek. The rule expressly says it does not create a private cause of action.
Match each assertion to a source
Put the insurer’s reasons in one column and the source offered for each in the next. Did the insurer rely on an officer’s report, a statement, a photograph, a repair estimate, or an assumption about stopping distance? Get the complete source when possible. A crash report’s notation is not the same as testimony from a witness who saw the vehicles move. A photo may show damage but not establish who changed lanes first. An auto accident attorney can test each link without declaring that one disputed item decides the case.
Use a third column for contrary material: another view of the intersection, a timestamped message, a witness account, or a vehicle inspection. Keep the source date and the identity of the person who created it. If the proposed percentage changed during negotiations, retain both versions and ask what new information caused the change. This is a review of the insurer’s reasoning, not an invitation to choose your own percentage without evidence.
Separate the claim parts before responding
Repair costs, a rental vehicle, medical treatment, lost earnings, and future concerns have different documentation and may involve different policy coverages. Ask exactly which part of the offer the insurer calls undisputed. Under the same Ohio rule, when a claim involves multiple coverages under a policy, an insurer may not withhold a known, undisputed payment that would extinguish its liability under one coverage for the purpose of forcing settlement of all other coverage in a single payment. Whether that provision applies depends on the actual policy and claim. It does not mean every proposed partial payment is due immediately.
Read every release, check memo, and accompanying letter before accepting money. A payment for vehicle damage should not be described as resolving bodily injury unless that is what the documents actually say and you intend to agree. Conversely, do not assume that calling a check property only removes any release language attached to it. An auto accident attorney can review the precise documents and the status of treatment before advising on a response.
Know what a percentage can and cannot tell you
Ohio Revised Code section 2315.33 addresses the effect of a claimant’s contributory fault on compensatory damages in a tort action. It is not a rule requiring you to accept an adjuster’s initial allocation. Liability, causal injury, coverage, and loss still require proof. The percentage in an insurer’s letter may be a settlement position, while a court’s finding rests on a different process and evidentiary record.
Bring S&S Law the reduction notice, your written request for its basis, any response, the sources cited by the insurer, policy and coverage letters, estimates, and medical information you are comfortable providing. Ask which disputed fact could actually change the analysis and whether a separate payment has conditions attached. If the firm accepts the matter, the agreement will define the work. The value of consulting an auto accident attorney is a specific answer to the insurer’s stated reason, not a promise that its percentage will disappear.