Ohio Car Accident Legal Questions

The primary insurance for the accident should be the insurance that covered the vehicle.  So you should contact the owner of the vehicle and tell him to provide you with the insurance information so you can make a claim.  The driver's insurance should also provide excess coverage, so you should contact the driver and/or driver's parents for their insurance information. If the only damage was damage to your car, you should process the damage claim through your own insurance company, and let them deal with trying to recover the damage from the other insurance company(ies).  If you also sustained personal injuries, medical bills, lost wages, etc., and are unable to obtain the other parties' insurance information, you will need to file a lawsuit against the driver and the owner in order to obtain a recovery.... Read More

Under Ohio law, all automobiles registered with a license plate and operated on the roads are required to have automobile insurance.  As owner of the vehicle, you are responsible to ensure that there is proper automobile insurance for the driver and/or the vehicle if it is going to be operated on the roads.  Likely, the insurance company filed a security suspension against you for the damages it paid to the other driver.  You would have received notice of this from the BMV, with an opportunity to request a hearing within 30 days of your receipt of that letter.  You most likely could have had the suspension reversed if you could show either 1. the damage was paid in full by your son, or 2. that you could not be held liable for the damages caused by son in a court of law.  Most likely, because your son is an adult, you could not be held civilly liable for the damages unless you negligently entrusted the vehicle to your son or he was working for you at the time of the accident. Unfortunately, if you fail to contest the suspension within the 30 day period, you have failed to exhaust your administrative remedy of appeal, and are most likely stuck with the suspension until you pay the damages in full.  If there is still time to appeal, you should consult with an attorney immediately to request a hearing on your suspension.... Read More

Good afternoon.  Your scenario sounds like the typical insurance company tactics.  They want to make you feel like you do not have a case worth pursuing, and they can get out by paying you the bare minimum to settle.  In Ohio, you are entitled to compensation for all medical bills proximately caused by the accident, regardless of the severity of impact.  So if you can show that you would not have needed the treatment but for the auto accident, then you are entitled to be compensated for those bills.  The only way to stop these kind of tactics from insurance companies is for you to fight for your rights, and demand that they pay you fair compensation for your injuries, including all medical bills, all lost wages, and for your pain and suffering.  Retain a lawyer, and I am sure their attitude will change. Best of luck.  ... Read More

The best way for you to handle this is call your automobile insurance company and advise that someone is making a claim against you.  They will investigate and make a determination as to whether coverage applies or not (it wont if the investigation reveals that you didnt do anything).  Then, if they file a lawsuit against you, your insurance company may provide you with an attorney who will defend the action.  But, it is very important that you call your insurance company now and report the claim, because most policies require you to report a claim as soon as practical. Best of luck, and stop throwing things in anger.  It is only going to get you in more trouble.... Read More

Yes, an insurance claim can be made without a police report or the police reporting to the scene.  And, under Ohio law, you have a duty to provide your insurance information to him.  If you refuse, he could end up filing a lawsuit against you.  You should probably contact your insurance company and let them know about the accident immediately.  Most policies require that you notify them of any accident as soon as possible after the accident.  And you should probably follow their advice as to how you proceed from here, so that you dont violate the terms of your insurance policy. Best of luck.... Read More

You should contact your automobile insurer immediately if you havent done so already.  This is why you carry automobile insurance.  You need to contact them, let them know that a claim for damages has been made against you arising out of operation of the automobile, give them all the facts, names, police information, etc.  They will then investigate and determine if you are liable and pay the damages applicable up to your policy limits.  But, most insurance contracts require you to notify them of an accident claim as soon as practicable, so you need to contact them immediately.  If you fail to timely notify them, they may deny the claim for breach of terms of the policy. If you have already contacted them, then you need to turn whatever you received in the mail over to your insurance company and let them handle responding to it. Best of luck.... Read More

Ohio law requires that all drivers maintain what is known as Assured Clear Distance Ahead.  In a nutshell, the statute requires that all drivers operate their vehicles at a speed which allows them to come to a complete stop and avoid colliding with the vehicle in front of them, taking into consideration road conditions, weather conditions, lighting, etc.  Sometimes this is the speed limit, and other times different conditions make it necessary to drive slower. Generally speaking, when a car strikes something in front of them moving in the same direction, the rear driver is at fault for the collision.  There are some instances that there is an exception to the rule, such as sudden emergency, but courts often will not apply these exceptions when the assured clear distance statute has been violated.  And it is not necessary to be cited to constitute a violation of the assured clear distance statute. There are specific facts that need to be known to determine whether the assured clear distance statute applies to your wife, whether it was violated, and whether any exception to the general rule apply to your wife's case.  And the answers to those questions cannot adequately be addressed in a forum such as this. Your best bet is to contact an attorney experienced in these types of matters to discuss all the facts with you, and then advise you regarding the applicable law and how it affects your potential recovery.  A lawsuit could be appropriate here, but the outcome is dependent on the facts.  You could end up with spending more than you can recover, or worse case scenario, you spend the money to file a suit and end up recovering nothing.  Please contact a lawyer to discuss your case. Best of luck to you.    ... Read More

Under Ohio law, you are entitled to the fair market value of vehicle at the time of the accident, which may be more or less than what is owed on the care.  You should have received a release from the insurance company to settle the property damage claim, and the release should have specifically stated how much the insurance was paying for the loss of your vehicle.  You would have had to sign this release.  And, because their is a lien on your vehicle, it is proper for the insurance company to pay any proceeds first to the finance company towards the loan, and if there is anything left over after paying it off, to you directly. If you agreement with the insurance company was that they would pay off your car regardless of what you owed on it and regardless if the amount owed was more than the fair market value, then you should contact an attorney to discuss it with him/her.  If that was the case and the insurance company did not pay off your vehicle, then they have breached an agreement with you.  But, you most likely signed some document saying how much the insurance company was going to pay you for the loss of your vehicle. Best of luck.... Read More

You have the legal right to terminate your attorney at any time during the handling of your claim for any reason or no reason.  However, you should have another attorney lined up before you do so, as your statute of limitations could be coming up, meaning that a lawsuit would have to be filed.  If you case is already in litigation, then the court will have to approve your termination. As to the fees, the attorney is entitled to reasonable compensation for the hours that he/she spent working on your file from the time it was opened until the time of termination.  It is not based upon any contingent agreement you signed with him/her.  Best of luck to you.... Read More

To answer your question as simply as possible: YES!!!  Neither insurance company is your friend, and they do not honestly care about you or your husband.  All the auto insurance company cares about is paying as little as possible, and all the health insurance company cares about is getting the money they paid for your husband's medical care back.  Get a lawyer.  He or she will make sure you are protected and not getting the runaround from either insurance company.  If you settle for too little, your health insurance company may take everything, leaving you with nothing.  If you do not adequately protect your health insurance company's rights under the policy, they may stop paying bills or cancel your coverage. You are absolutely correct that your husband is the victim, and it sounds to me like he is being victimized again by the insurance companies.  Talk to a qualified lawyer in your area who handles auto accident cases, and he or she will make sure you are protected from every angle. Best of luck to you and your husband.... Read More

I am often asked this question by clients, potential clients, friends, family, etc.  The simple answer is that there is no magic formula.  Each case is unique and what is fair compensation for non-economic damages (i.e. pain and suffering) is unique for each individual, based upon their injuries, future medical needs, age, health, pre-existing conditions, etc. If you do not feel that you can adequately determine your non-economic loss, it probably best that you look for competent legal counsel to assist you.  After he or she has an opportunity to speak with you, review your medical records, review your medical bills, etc., they should then be in a position to tell you what your case is worth, including your non-economic damages.  But until then, it is impossible for someone like me, who has not reviewed anything in your case except for some numbers you have presented, to tell you what your case is worth. I wish you the best of luck, and hope you get your claim resolved fairly.... Read More

You sister can and should sue the man who hit her, and get a judgment. The issue will be collecting it, and that will depend on his assets and income. She should also look into suing the owner of the car he was driving, if it was not his. She also needs to take a very strong position with her health insurance company and the hospital. At very least, she should find a hospital which will treat her under Medicaid.... Read More

Your liability coverage would not kick in, but your uninsured motorist might if you exhaust the other driver's policy and your injuries justify it. There is also the possibility you may be able to stack coverage's to get more money. Talk to your lawyer about all this and get him or her to explain it to you. That's part of what you got a lawyer for.... Read More

You cannot stack his liability with yours. You can stack his liability with your underinsured, which might be in the same amount as your liability. The point is that is the most you can recover. As for what your injury is worth, I cannot judge from what you have written if your injury justifies a total coverage of both policies payment. The two companies will examine the evidence and make that determination. Unfortunately they are usually about 15% low on what they think it is worth as compared to reality. The question is whether you feel a need to dispute their offers once you have them for the extra amount owed.... Read More

The law of each state can vary, as can the terms of insurance policies, so there would have to be some research done as to the law in your State and you/an attorney would have to read the insurance policies/see the available coverages and limits, to definitively answer your question. However, if you are in Michigan per the ID info on the question, then it is most likely that if you can prove liability, and threshold damages, you would collect the entire $25k liability limit that you say the defendant's policy has in place. Typically your insurance will not pay anything toward liability of another motorist, but it is possible that you protected yourself from a low policy limit of an at fault motorist and purchased underinsured motorist coverage on your own motor vehicle insurance policy. It sounds like you did and it sounds like your limit of coverage was $50k. If this is so, then it is likely that you/your lawyer will need your insurance companies permission to settle the case against the @ fault driver, and then your UIM coverage would kick in. You'd need to read the terms of your UIM policy, but it is typical that such coverage says it will pay up to it's limit of liability ($50k in your case apparently) but will deduct/take a credit for any monies you recover from the at fault driver/owner ($25k in your case apparently). So it would likely be correct that you would receive a total of $50k, consisting of the entire limit of the at fault drivers policy (and you/your lawyer would need to confirm that $25k was indeed the limit, and confirm that there was no excess/umbrella coverage available, and confirm that there was no other owner of the vehicle/other available coverage, and satisfy yourself as to whether the at fault driver/owner were collectible, or not, over and above their policy limits) and the "overage" of $25k from your UIM coverage. You mention "medical bills" and in Michigan they would NOT be paid out of any 3rd party recovery against and at fault driver/owner, nor from any UIM coverage from your policy, they would/should be paid under your Michigan No Fault Personal Injury Protection (PIP) coverage. Since you mention "lawyer fees" it would seem that you should be consulting your lawyer about all this and it would seem your lawyer should be advising you of the above. If your question really is can you "stack" the $25k and the $50k, the likely answer is "no" for the reasons that these cases typically proceed as noted above - however, again, your lawyer should research the law/terms of the applicable policies and advise.... Read More

You need to speak to your attorney in greater detail as he clearly has not enabled you to understand what is going on. You are collecting from your insurance under the underinsured liability coverage which provides that the total sum you will collect is no more $50,000. So any sum you get from the other driver reduces that $50,000. If it did not, then you would be able to collect more than the person where the other driver has a $50,100 policy (if one was written for that amount as you could not collect anything since the other driver was no longer uninsured). Try and see if your attorney will accept less; point out that if you had known the facts beforehand that there was only $50,000 total available, you could have settle with your insurance carrier directly and not need an attorney.... Read More

As far as insurance goes, you are entitled to $50,000. In exchange, you will have to sign a release. If you want some from the other party, you will have to file a suit, and not sign a release. Dont do this without an asset search, as the other party may not have much in the way of net worth.... Read More

Well, that is an interesting question.  First, it really depends on where you were parked.  If it was on private property (such as a Walmart, grocery store, Target, etc.), then this is considered private property and not subject to Ohio's traffic laws.  In that case, then the law would look to see whether the parties acted reasonable under the circumstances. In your case, you clearly did not act as a reasonably prudent person would, as a reasonably prudent person would not have parked their car on or over the line.  But in the same instance, it is not reasonable for another vehicle to strike a parked vehicle.  So, you were both unreasonable, and both share some of the blame for the damages to your vehicle.  As to who shares what percentage of blame, that is a question for a judge or jury, as it is up to them to ascertain percentage of fault.  In my opinion, the other driver was more at fault, as your car was there to be seen even though it was over the line.  But, you still share a small percentage of fault, because had you parked your car property within the space, your vehicle more likely would not have been hit by the other vehicle.  If I were the judge/jury, I would probably assess 10% fault to you and 90% fault to the other driver, but that is only my personal opinion. Best of luck.... Read More

Unfortunately, the person you spoke with is right, although for different reasons than immunity.  In fact, the city ( a political subdivision in legal talk) is liable for damage arising from the operation or use of a motor vehicle by its employees.  However, the political subdivision is entitled to a set off (credit) for any insurance benefits that you receive or are entitled to receive.  In your case, you have comprehensive collision coverage under your automobile insurance to cover your damages, less your deductible.  Therefore, the city is entitled to a credit for the amount paid by your insurance company for your damages.  In other words, the city only has to pay your out of pocket expenses after insurance pays, whether or not you formally make a claim under your insurance.  Since your only out of pocket expense should be your deductible if you make a claim under your insurance, then that is all you are entitled to from the city.  Even if you dont make an insurance claim under your automobile insurance, the city gets a credit for what it would have paid had you formally made a claim. Not saying that its right or fair, but that is what the law is. Good luck to you.... Read More

Dear Christine: Ohio is an at-will employement state, meaning that if you do not have a written contract of employment with your employer, then you can be fired for any reason or no reason at all (other than for protected discrimination- i.e., age, gender, race, religion, etc.).  So long as you did not have a written contract of employment, then legally the employer is allowed to terminate you for any reason or no reason.  If you did have a contract, then you need to review the contract, as the terms of the contract control regarding termination. Given the nature of his job, I presume there was no employment contract.  Therefore, he can legally be fired for any reason or no reason. Good luck to you and your son.... Read More

When you own a vehicle in Ohio and have it registered with the BMV with active license plates, then you signed a document indicating that you would maintain insurance pursuant to Ohio's financial responsibility laws.  Since you registered the vehicle, you are responsible for it and giving it to an uninsured driver was against the law and not a smart thing to do. Take a look at the Ohio BMV's website for details concerning the suspension of your license for failure to maintain insurance  when involved in a collision here: http://bmv.ohio.gov/fr_laws.stm Best of luck to you.... Read More

Pursuant to Ohio law, all settlements for injuries/damages to a minor person (under 18 years old) have to be approved by the probate court of the county where the minor presently lives.  Once the probate court approves the settlement, it will make a determination whether a guardian needs to be appointed concerning the money or not.  Generally speaking, if the net settlement (after attorneys fees, expenses, medical bills, health insurance lien, etc. are deducted) is $25,000 or greater, the court will require that a guardian be appointed.  Usually this is a parent.  Regardless of the amount, the court will require that the money be deposited into a restricted account, which means that the money cannot be withdrawn without prior probate court approval.  Once the minor turns 18, by law they can withdraw the money at their leisure.  The only way your ex-wife would be entitled to any money from the settlement would be if she had a  claim for medical bills or other expenses that she paid on behalf of your daughter related to the incident.  For example, if she paid for co-pays and/or deductibles for the medical bills related to the incident, then she is entitled to be reimbursed for those.  She will need to request that money in the application to approve the minor settlement, and the court will order whether or not she is to be reimbursed.  If the court awards her reimbursement, the money will be paid to her immediately upon disbursement of the settlement.  If she fails to ask for it in the application or the court denies the request, she is not entitled to any monies from the settlement. Other than that, she would not be entitled to any money from your daughter unless otherwise awarded by the court in probate process.  Therefore, once your daughter turns 18, she could withdraw the money from the restricted account and she would be entitled to all the money in the account.  ... Read More

You could be potentially liable, since you had no insurance in effect at the time of the collision, if your daughter was at fault for the collision. You should have received notice from your insurance company that your policy was being cancelled for nonpayment of premiums.  If you did not, you should consult with an attorney as the insurance company may have improperly cancelled your insurance.  If your daughter was a minor, or the vehicle she was operating was owned by you, you could be liable for the damages she caused.  If the other driver files a lawsuit against you, you should contact an attorney immediately, as you only have a limited amount of time to respond to the complaint or your could be found in default.  This could result in a lien being placed against you. Also, both you and your daughter's drivers license could be suspended indefinitely.  Take a look at the Ohio BMV's website for details concerning the suspension of your license for failure to maintain insurance  when involved in a collision here: http://bmv.ohio.gov/fr_laws.stm Best of luck.... Read More

It depends.  Under the doctrine of respondeat superior, an employer can be held liable for the acts of the employee so long as those acts are considered within the course and scope of the employment.  So if he was working at the time, the employer could be liable if the driver was acting within the course and scope of his employment.  However, the fact that the driver was drunk suggests that he was not working in the course and scope of his employment (most employers would not consent to an employee being drunk while they worked). Another way to make the owner of the vehicle liable is by claiming negligent entrustment of the vehicle.  In other words, it was negligent for the owner to give the vehicle to the driver.  These are not the easiest claims to pursue, but if you could prove that the owner had knowledge that the driver was not fit to operate the vehicle, then you could possibly succeed in a claim against the owner.  For example, if the driver was a known drunk, had a history of drunk driving, wrecked company vehicles before while driving drunk, etc., the owner could be found to be negligent in allowing the driver to have the vehicle. You only have a limited amount of time to pursue the claim.  Under Ohio law, you have two years from the date of the accident to sue all responsible parties.  And the restitution order from the criminal judge is not the same as a civil judgment, so you could also sue the driver as well.  The only effect that the restitution order would have is it would reduce the amount of money that has to be paid to you by the amount that you have RECEIVED in restitution.  If nothing has been paid as restitution, then you could recover everything in a civil lawsuit. Good luck... Read More