Ohio Car Accident Legal Questions

My guess is that the insurance company is arguing that the Mom negligently entrusted an uninsured vehicle to her daughter and is therefore liable. The insurance company may have filed a lawsuit; the Mom should check with the clerk of courts for the county where the accident occurred to see if a lawsuit had been filed.  If not, then she can ignore the insurance company.  If a lawsuit has been or is filed, then she needs to get an attorney ASAP. Most bar associations have a volunteer lawyer program that may be able to assist.... Read More

Nothing you have described prevents you from filing a lawsuit againstthe other driver alleging all of the losses you have described, including the medical bills paid by your own insurance company.  If you win, then you would have to reimburse your own insurance company for whatw as paid. From what you describe, you have been given a real run-around by the insurance companies. You need to consult with a personal injury lawyer and go over your entire claim. Note that your claim expires 2 years after the date of the accident.  This is the status of limitations.... Read More

If there is video evidence showing that you bumped the other car, then, even if you were unaware that you had done so, you are still guilty of the offense.  You could contest the ticket and perhaps the judge would give your testitimony some weight.  You really have nothing significant at risk by fighting the ticket.... Read More

Since the car was taken without your permission, your insurance company has a basis to refuse to pay for any damage or loss caused by the unauthorized driver. You need to make sure that you have reported the incident to your own insurance company.  You should discuss with your insurance company whether you should file criminal charges against the unauthorized driver.... Read More

You must immediately call your insurance company and get them the letter you received.  Your situation is not uncommon.  I suspect that the incident was so minor that you did not call either the police or your insurance company at the time. If you did not have insurance at the time of the accident, then you may be subject to a FRA -- Financial responsibility Act -- license suspension and vehicle registration forfeiture. DO NOT IGNORE THE LETTER. You may well have some defenses to any claims raised against you.  Get on the phone ASAP!!!... Read More

If you let someone use your car and that person caused an accident and that person was drunk, then you may be liable for the damages for "negligent entrustment" of your motor vehicle to someone you knew or should have know was not then competent to be behind the wheel. If you own a car and do not have insurance on that car and if that car is involved in an accident, then you can lose your license for violating Ohio's financial responsibility laws. You can lose you licence until the damages are paid. If someone who caused an accident used your name, then that person likely had your ID on them at the time. The bottom line is that you are in a really rotten situation and you need to hire an attorney to try to get the mess resolved.... Read More

You may certainly proceed pro se and file your own lawsuit.  if you do so, then you will be held to the same standards as would an attorney.  Thus, if your pleadings are insufficient, then your case may be dismissed by the Court. While you have the right to represent yourself, doing so is fraught with perils. There is such a thing called a "tolling agreement" in which all parties to a potential claim agree -- in writing -- to suspend the running of the statute of limitation on a claim until a certain date or event.  For an auto accident claim, there is really no reason for an insurance company to enter such an agreement.  These are sometimes used in medical malpractice claims. In my opinion, you should seek legal counsel.  Although we are located in Cincinati, we do handle cases in the Columbus area.... Read More

You sound like you have everything that you need. Small claims court is generally presided over by a Magistrate -- not a Judge.  The key is to be extremely respective and polite.  Do not interrupt as the Magistrate will give you ample time to tell your side. In many ways, small cliams court is an effort to mediate a dispute; however, the Magistrate can and will issue a formal decision if needed.  Be prepared to discuss.... Read More

Oral agreements are binding, so you should politely decline to pay any additional money.  You do run the risk of being sued -- likely in small claims court.  Keep good records of everything so that if you do end up in court you will have the documentation to support your testimony.  In particular, keep a detailed log of ALL conversations you have had with the other driver.... Read More

Legally speaking, the at fault driver is responsible for the damage to your car. However, since there is no insurance, you have 2 options: use your collision coverage and pay the deductible and/or sue the other driver and try to collect against that driver's assets, i.e. garnishment. If the other driver had no insurance, then you can report him/her to the Bureau of Motor Vehicles for a financial responsibiolity act violation.  BWV can suspend that driver's license along with the license and registration of the car owner until you are paid. Your own insurance company may also pursue the other driver if your insurance company pays for the repairs.  Generally, your insurance company will also seek recovery for your deductible. Speak with your agent to discuss options.... Read More

The first issue is that if your attorney has agreed with the other side to settle your claim, then your claim is settled and your medical questions and concerns are no longer relevant.  The reason for this is that your attorney is your agent and you are bound by the agreements made by your attorney. If you believe that your attorney exceeded your authority or otherwise acted in an unprofesional or negligent manor, then you may have a claim against your attorney.... Read More

If you are responsible for causing property damage, then you are responsible for the cost to repair that damage.  Ownership is not the issue; the issue is one of liability.  The person who knowingly gave you the keys to someone else's car may also bear liability.  The actual owner can collect from either or both persons. Note too that the failure to pay for damages -- apparently caused in a car crash -- can also result in the suspension of your driver's license.  The cost to then reinstate the license could be hundreds of dollars.... Read More

Never, ever trust an insurance company to treat you fairly.  The insurance company is not on your side and will say and do anything to get an unrepresented accident viction to sign a release.  While I cannot speak directly to your injuries and the value of your claim, I can tell you that consulting with a lawyer may result in a more approrpiate settlement of your claim.... Read More

Typically, lawyers may only practice law in states where they are licensed.  One common exception to this rule is where an attorney from another state files a motion to admit the out-of-state lawyer pro hac vice.  This is a temporary admission for the specific case.  This often only occurs in cases with large amounts of damages.  Unless you have permanent or severe injuries, you will probably have to hire a lawyer from the state where the accident occurred.  In either case, you may want to organize your evidence so that the attorney can more efficiently evaluate your claim.  This article covering what to do after a car accident should help point you in the right direction.... Read More

You should look at your own automobile insurance if son was living with you, or your son should look at his own auto insurance.  Most insurance policies provide for medical payments coverage, which provides coverage for medical benefits incurred as a result of an automobile accident.  If your or your son's insurance does provide for medical payments coverage, you need to contact your insurance company and make a claim for medical payments coverage.  Also, if your son was injured, you should make a claim for uninsured motorist coverage under your or son's policy, since the driver was uninsured.  Then your insurance company will pursue the claim against the uninsured driver. Please feel free to contact me if you have any further questions. Best of luck.... Read More

You need to make sure that you have reported the damage and theft to the police, and then obtain a copy of the police report.  You also need to contact your automobile insurer, and advise them that the vehicle has been vandalized/stolen.  If you have comprehensive/collision coverage, the damage/theft should be covered by your automobile insurance up to the fair market value of the vehicle on the date of damage/theft. Best of luck.... Read More