After a car accident, most people expect to deal with police reports, medical appointments, and maybe some back-and-forth with insurance adjusters. What catches many people completely off guard is receiving a legal notice that an insurance company is suing them directly. If this has happened to you or you’re worried it could, we want to help you understand what’s going on and what you can do about it.
The short answer is yes, an insurance company can sue you after an accident. But the circumstances matter a great deal, and so does having the right attorney in your corner.
Contact GB Law at 614-222-4444 or fill out our contact form for a free consultation.
Why Would an Insurance Company Sue You for an Accident?
Insurance companies don’t just pay out claims and move on. When an insurer pays money on behalf of their policyholder (covering medical expenses, vehicle repairs, lost wages, or other losses), they often want that money back from the person who caused the car wreck. This legal process is called subrogation.
Think of it this way: the insurance company steps into their policyholder’s shoes and pursues you the same way that policyholder could have if they’d handled the claim themselves.
There are two common situations where an insurance company may come after you directly:
You Caused a Car Crash Without Car Insurance Coverage.
Ohio law requires every driver to carry liability insurance. If you were uninsured at the time of a collision and your carelessness caused bodily injuries or property damage, the other driver’s insurance company may pay the claim, and then file a subrogation lawsuit against you to recover what they paid.
A Health Insurer Paid Medical Bills for Someone You Injured in a Car Accident.
If the injured person’s health insurance covered their treatment, that insurer may seek reimbursement from your settlement or sue you directly to recover those costs.
In either case, the insurance company is not acting out of spite. They’re protecting their financial interests, and they have legal tools to do it.
However, you can even the playing field by hiring a lawyer to defend yourself and reduce the amount you owe in a subrogation lawsuit.
What Happens If You’re Uninsured or Underinsured in Ohio?
Ohio is an at-fault state, meaning the driver who caused the auto accident is responsible for the resulting damages. If you were driving without insurance and caused a collision, the consequences go beyond a lawsuit. The other driver’s insurance company can file a report with the Ohio Bureau of Motor Vehicles, which may trigger a suspension of your driver’s license until you enter into a repayment agreement.
From there, if you don’t voluntarily repay what’s owed, the insurer can file a subrogation lawsuit against you in court. A judgment against you can lead to wage garnishment or property liens. These are serious financial consequences that can follow you for years.
What If You Were At Fault for the Accident?
Being at fault for an accident doesn’t automatically mean you’re on the hook for everything. Ohio follows a comparative fault rule, which means your responsibility is reduced based on your percentage of fault. This means as long as you were 50% or less responsible for the collision. Under Ohio Revised Code §2315.33, if you were found to be 30% at fault, for example, the other party’s compensation is reduced by that same 30%.
Where it gets complicated is when insurance companies make that determination. Insurers have a financial interest in assigning as much fault to you as possible because it reduces what they have to pay out and increases what they can come after you for. Their initial assessment of fault is not always accurate, and it’s not always final.
That’s where we come in. The attorneys at GB Law will conduct a thorough investigation of the accident, review the evidence, and challenge any fault determination that doesn’t reflect what actually happened. You shouldn’t have to accept an insurer’s version of events without a fight.
It’s also worth knowing that even if you were partially at fault, you may still be entitled to compensation for your own injuries and losses. Don’t assume that because you played some role in the accident, you have no options. The reality is often more nuanced and more favorable than insurance companies would have you believe.
What If You Were At Fault But Also Injured?
This is one of the most common questions we hear, and one of the most misunderstood. Many people assume that if they were at fault for an accident, they can’t recover anything for their own injuries. That’s not necessarily true in Ohio.
Because Ohio follows a comparative fault system, you may still be able to recover compensation for your injuries even if you were partially responsible for causing the accident. The key threshold is 50%. As long as you were not more than 50% at fault, you can still pursue a claim, though your compensation will be reduced by your percentage of fault.
Here’s a simple example. Say you were found to be 25% at fault for a collision, and your medical bills and lost wages total $100,000. Under Ohio’s comparative fault rule, you could still recover up to $75,000: your total losses minus your 25% share of responsibility.
Where this gets tricky is that the at-fault percentage assigned to you directly affects how much you can recover. Insurance companies know this, and they will often push to assign you a higher percentage of fault than the facts support. A higher fault percentage means a lower payout, and in some cases, it can push you over that 50% threshold entirely, leaving you with nothing.
There’s also the matter of your own injuries competing with subrogation claims. If your health insurance covered your medical treatment, it may assert a subrogation claim against any settlement you receive. Meanwhile, the other driver’s insurer may be disputing your fault percentage. You can find yourself caught between multiple parties, all with competing financial interests, while you’re still trying to recover from your injuries.
At GB Law, we’ve spent decades helping injured Ohioans in this situation. We’ll work to establish an accurate picture of fault, fight to protect your right to compensation, and make sure subrogation claims don’t take more than they’re legally entitled to. While you focus on healing, we’ll handle your car accident case.
If you’re not sure where you stand on fault, call GB Law today at 614-222-4444 for a free consultation. There’s no fee unless we win, so there’s nothing to lose by finding out where you stand. We’ll give you an honest assessment and help you understand what your options are.
What Is Subrogation and How Does It Affect You?
Subrogation is one of those legal terms that sounds complicated but comes down to one question: who ultimately pays for the losses caused by an accident?
Here’s a real-world example. Say you’re in a collision and the other driver’s health insurance covers $30,000 in medical treatment. That driver later receives a personal injury settlement. Their health insurance company, having already paid out $30,000, may assert a subrogation claim against that settlement or against you directly to recover what they spent.
Under Ohio law, subrogation claims are governed by both contract terms and state statutes, including Ohio Revised Code §2323.44, which outlines the rights of a subrogee and how subrogation claims are proportionally reduced when a full recovery isn’t possible.
Ohio also recognizes what’s called the “made-whole doctrine,” which means an insurer’s subrogation rights may be limited if recovering those costs would leave the injured person without full compensation for their losses.
These rules are complicated, and the outcome often depends on the specific language in the insurance policy and the strength of the legal argument made on your behalf.
That’s why having an experienced attorney matters so much.
Can You Fight a Subrogation Claim?
Yes, and in many cases, it’s worth doing.
Subrogation claims are often negotiable. An attorney can review the insurance policy language, challenge whether the insurer actually has a valid subrogation right, and argue for a reduced amount based on factors like shared fault or insufficient recovery. Under Ohio Revised Code §2315.33, Ohio follows a comparative fault rule, meaning that if you were 50% or less at fault for the accident, your responsibility is reduced proportionally. A skilled attorney can use this to push back on what an insurer claims you owe.
Without an attorney, many people end up paying far more than they’re legally required to. Insurance companies know this, and they count on it.
At GB Law, we have decades of experience protecting our clients from aggressive insurance tactics, including subrogation claims that eat into the compensation accident victims deserve. While you focus on your recovery, we’ll investigate the accident, review every insurance policy involved, and fight to make sure you keep as much of your settlement as possible.
What Should You Do If an Insurance Company Is Suing You?
Don’t ignore it. A lawsuit from an insurance company won’t go away on its own, and failing to respond can result in a default judgment against you, meaning the court automatically rules in the insurer’s favor.
Here are the steps to take right away:
- Don’t wait. Ohio’s statute of limitations for personal injury claims is two years, but insurance companies often act well within that window. The sooner you get legal help, the more options you have.
- Gather all documentation. Bring everything: accident reports, insurance policy information, and any correspondence you’ve received.
- Do not settle without legal advice. A quick settlement may seem like an easy way out, but it could leave you responsible for more than you should be.
- Contact an attorney who understands Ohio subrogation law. This is a specific and nuanced area of law. You need someone who knows how to challenge these claims and negotiate effectively.
Why GB Law?
At GB Law, we’ve been representing accident victims and defendants across Columbus and Ohio for decades. We understand how overwhelming it is to receive legal notice from an insurance company. We also know how to push back by challenging subrogation claims, negotiating reductions, and protecting our clients’ financial futures.
Our consultations are always free, and we work on a no fee unless we win basis, which means you won’t owe us anything unless we get results for you.
Call GB Law today at 614-222-4444 or fill out our online form to speak with a Columbus personal injury attorney. Don’t wait; protect your rights now.
Frequently Asked Questions
Can an insurance company really sue me after an accident?
Yes. Through a process called subrogation, insurance companies have the legal right to pursue repayment from the at-fault driver when they’ve already paid out a claim. This is especially common when the at-fault driver was uninsured or when a health insurer covered the other party’s medical bills.
What happens if I was uninsured when the accident happened?
If you caused an accident without insurance in Ohio, you may face a driver’s license suspension, a subrogation lawsuit from the other driver’s car insurance company, and potential wage garnishment or liens if a court judgment is entered against you. An attorney can help you navigate a repayment agreement and potentially minimize the financial impact.
Can I negotiate a subrogation claim?
In many cases, yes. Subrogation claims are often negotiable, and an experienced attorney can challenge the insurer’s right to collect, reduce the amount owed, or work out alternative arrangements. Without legal representation, most people pay more than they have to.
What if the insurance company is claiming I owe more than I can afford to pay?
You have options. A personal injury attorney can negotiate with the insurer, challenge the validity or amount of the subrogation claim, and in some cases arrange payment plans. Call GB Law for a free consultation where we’ll review your situation and help you understand exactly where you stand.
How long do I have to respond if I’m sued by an insurance company?
This depends on the type of lawsuit and jurisdiction, but time is always a factor. If you’ve received legal notice, contact an attorney immediately. Waiting can limit your options or result in a default judgment.
Schedule a Free Consultation with GB Law
If an insurance company has filed a lawsuit against you, don’t wait to get help. The sooner you have an experienced attorney reviewing your case, the more options you have to protect yourself.
At our law firm, your first consultation is always free. We’ll listen to your situation, explain your rights in plain terms, and let you know exactly where you stand. And because we work on a no fee unless we win basis, there’s no financial risk to reaching out.
