Category Archives: Auto
An auto accident that takes place on a public roadway has a different negligence duty versus an auto accident in a private parking lot or road. Triers of fact will have more opportunity to find comparative negligence between the parties versus an accident on a public roadway, subject to Ohio statutes.
What happens when a worker injured in a third-party settles a personal injury claim with a liability insurer before receiving BWC benefits? Third-party liability insurers making payments for injuries and damages from an on-the-job accident must provide prompt notice of its subrogation interests to the Ohio BWC.
Over the course of the next several years, Keis George LLP will feature the reoccurring theme of self-driving vehicles. Right now there are more unanswered questions than answers that the legal system, insurance carriers, and engineers will have to investigate, contemplate and resolve over the next several years as these vehicles become implemented in to… Read More »
Liability for the actions of minors can always be a sticky issue. However, in certain scenarios, parents or guardians can be held liable for damage(s) caused by the actions of minors. The two most common scenarios where this issue comes up are auto accidents and vandalism claims.
The Economic Loss Doctrine can be a roadblock to subrogation. Exploration of exceptions to the doctrine can provide subrogation professionals with tools to navigate their way to recovery. An economic loss refers to a financial loss and damages suffered by a person or entity, which arise from a defect in the qualitative nature of the… Read More »
The Illinois Economic Loss Doctrine can be a roadblock to recovery. However, before you close your file, take a closer look, armed with exceptions that may help you navigate your way to the other side. The Illinois Economic Loss Doctrine sets out to bar recovery in tort for purely contractual losses or frustrated economic expectations… Read More »
In reviewing files sent to us, we see some misinterpretations of the law or expectations regarding what will happen at trial. As a result, we included a few tips you should keep in mind regarding witnesses and defenses. Knowing Your Witnesses Just because a person is riding in the car with the other driver, doesn’t… Read More »
Ohio, unlike many other States, is fertile ground for the pursuit of uninsured auto subrogation claims. While there are many reasons for this, one of the primary reasons is because the Ohio Bureau of Motor Vehicles and the law in Ohio make it easier. As we all know, the biggest motivator for an uninsured motorist to… Read More »
Most automobile accidents that end up in litigation are disputed liability. Most automobile accidents that end up in litigation are disputed liability. These accidents sound like this: the subrogated carrier’s insured is adamant that he had the green light; or, the other driver defendant is adamant the insured merged into his/her lane. Of course, the… Read More »
A party cannot escape responsibility for injury or damage unless it was proximately caused solely by an Act of God. An “Act of God” is an event caused by natural forces beyond human control, such as an earthquake, violent storm, lightning, or an unprecedented flood that cannot be reasonably anticipated or guarded against. A party… Read More »