Subrogation Law in Ohio
After months and maybe even years, you have settled your case and been awarded a financial settlement. Now what? The one thing most people don’t know about when they win a large settlement of money is the subrogation law. On June 30th, 2015, John Kasich the Governor signed a budget that included an amendment that changed the state of Ohio’s subrogation law.
R.C. 2323.44 went into action which states,
(B) Notwithstanding any contract or statutory provision to the contrary, the right of a subrogate or any other person or entity that asserts a contractual Statutory, Or common law subrogation claim against a third-party of an injured party and a tort action shall be subject to all of the following,
(1) if less than the full value of the tort action is recovered for comparative negligence, diminishment due to a party is liability under section 2307.22 to 2307.28 of the revised code, or by reason of the collectability of the full value of the claim for injury, dad, or lost two person resulting from limited liability insurance or any other cars, the subrogee‘s or other persons entities claim shall be diminished in the same proportion as the injured parties interest is diminished.
(2) if a dispute regarding the distribution of the recovery in the tort action arises, either party may file an action under Chapter 2721 of the revised code to resolve the issue of the distribution of the recovery
This amendment establishes that a client is entitled to pay back the full amount of medical bills and treatment their insurance company paid for. This is something the company would not have covered “out of pocket” if not for the accident. This generally applies to most automobile accidents when an insurance company is trying to settle a claim. This is something that should be made aware of for everyone’s knowledge. So if you happen to win a settlement, be aware of the Ohio Subrogation Law.
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Author: Tim Misny | For over 33 years, personal injury lawyer Tim Misny has represented the injured victim in birth injury, medical malpractice, and catastrophic injury/wrongful death cases, serving “Cleveland, Akron/Canton, Columbus & Cincinnati, Ohio.” You can reach Tim by email at firstname.lastname@example.org or call at 877.944.4373.