Ohio Insurance Legal Questions

You should be able to get either letters of administration issued by a probate court, which would give you the legal authority to act on behalf of the estate. But if your son died with assets that are minimal, probate may be avoided per the state's small affidavit process. So you should pursue the route of a small state affidavit which would give you the authority to receive his mail and collect other important documents. ... Read More

In most states, the people that are civilly liable for any traffic collisions are the at fault driver, and second the title owner of the vehicle. If you're fiancé or wife was on the insurance policy, but was not driving at the time of the accident, and in no way contributed to the fault of that accident, and did not co-own or own the vehicle that was involved in the accident, I don't see any circumstances in which she would be sued or could be sued for this traffic collision. But ultimately, you would need to discuss this in a sit down conference call or a phone conversation with counsel in your jurisdiction where the accident happened to determine the liability of all parties. Good luck... Read More

Hello Chris, It's difficult to tell you "what to do" in this type of forum.  Since you were in the course and scope of employment at the time of the accident, it seems pretty clear that the insurer for Doordash should be the one to step in.  That is, unless some other arrangements were agreed upon.  I would review the Doordash Agreement to see what it says about this type of situation.  To a certain extent, insurance companies try to pass the buck and fight it out amongst themselves all the time.  You may not need to do anything.  If you have concerns about your rights etc., you will need to sit down with an attorney for a formal consultation. Best of luck.... Read More

Technically speaking, there is not much you can do about it.  Once they offer you full value for the vehicle plus the salvage value, they are entitled to take ownership of the vehicle and salvage it.  Your only option would be to keep the vehicle.  But there are some problems with doing that.  First, they will deduct the salvage value of the vehicle from the amount they are offering you, meaning you will get less money for the car from the insurance company.  Second, they will require you to convert the title to a salvage title before releasing the money, meaning the car will not be allowed to be operated on a public roadway until all repairs are made and it is certified repaired by the Ohio Highway Patrol.  This will cost you more money in addition to the repairs, and you will not be able to use the vehicle until all repairs are made and certified, not solving your problem. The only other option I see would be to request that the repairs be made since it is less than what the vehicle is worth.  But they will probably deny the request, as it is their choice whether to repair or total. As to the loan balance, that is an unfortunate situation that I see in my practice quite often.  Check with your daughter's insurance company to see if they provide gap coverage, which will pay the difference between the total loss value and the amount owed on the loan.  Also, check with the bank.  Some banks include gap coverage in the application for financing, so they may have it.  If she has gap coverage through either, then she may not be liable for the deficiency balance between the value of the vehicle and the amount owed on the loan. Tough situation, and I wish I had better advice for you.  Best of luck to you and your daughter.... Read More

If the other driver is now making a claim against you and/or your boyfriend for the damages to his car or for injuries he suffered in the collision, you need to contact your boyfriend's automobile insurance company and put them on notice of a claim being made.  If your boyfriend did not have insurance, you need to put your automobile insurance company on notice of the claim being made.  You must do this in a timely manner, as most policies have a clause requiring prompt notice of all claims and a duty to cooperate in the investigation and handling of claims.  If you fail to do so timely, they could deny your claim for failure to follow all conditions of the policy.  Call them today.  If a lawsuit is filed against you and/or your boyfriend, the automobile insurance will provide you with legal counsel to defend you. If neither you or your boyfriend had automobile insurance at the time of the collision, you will have to defend the action yourself, either on your own or with your own lawyer.  Best of luck to you.... Read More

You should be commended for doing the right thing by trying to pay the damages for the accident your husband caused while driving without insurance.  It is never wise to drive without automobile insurance, especially when you driving is your occupation.  You are correct that you are responsible for the damages that you caused, but you should only have to pay for those damages which have been proven to be caused by the accident.  Most likely, you do not have the knowledge or experience handling insurance claims to adequately know whether or not you are being treated fairly by the other insurance company, or if the amounts they are claiming are proper.  Therefore, it is probably in your best interest to contact a lawyer with experience in representing insurance companies and at-fault drivers, so they can properly advise you what information is needed to fairly and adequately evaluate the claim and make sure you are not being forced to pay for something you are not responsible for. As to having the license suspended, it is a very real possibility.  Under Ohio law, it is improper to operate an automobile without insurance.  Because driving is a privilege under Ohio law, not a right, the BMV can suspend a person's license for failing to have insurance and for causing damages associated with an accident without insurance.  The BMV can suspend your husband's license until the damages paid by the other insurance company are paid in full.  Probably in your best interest to consult with an attorney so you can make sure your rights are protected while trying to do the right thing. Best of luck to you.... Read More

Depending on the circumstances, yes, the church could be held liable for injuries on the property. Since the church is now aware of boys riding dirt bikes on the property, they could be held to an even higher standard if someone was to get hurt on the property.  The church should take steps to prevent the boys from riding on the property.  To start, the church should post numerous "no trespassing" signs and also consider posting signs like "enter at your own risk", etc.  I also recommend you get some legal advice in your local community.   Your state may have state specific laws regarding this.  I am confident that the church can get some free legal advice from a local attorney in your area. Best of luck. NOTE:  This response is general in nature and should not be considered legal advice.  No attorney-client relationship exists or is formed by this response.  ... Read More

If the company, the person who caused the accident, and/or their insurance company will not return your phone calls or properly deal with you on this claim, your only recourse would be to file a lawsuit against the driver and his employer, as well as anyone else responsible for the accident.  You should probably consult with an experienced attorney in your area to properly advise you on how to handle the filing of a lawsuit. Best of luck... Read More

You should review your health insurance plan documents closely, including the summary of benefits and the full plan description.  Those documents will control what is and is not covered by your plan.  If this is an employer-sponsored plan (i.e., you get it through work), you should be able to get a copy from your human resources person/department.  Some services are not covered by a plan, regardless of the medical necessity.  Some services are only covered when considered medically necessary by a physician.  Again, you need to review the health insurance plan to determine whether the service is covered if medically necessary. You should have been provided with a denial letter from the insurance company, stating why pre-approval was denied.  In that letter, it will tell you why they feel it is not a covered service, and it will also outline for you your appeal rights under the policy.  If you feel that the denial is improper, then you must file an appeal according to the appeals process in your plan documents and/or contained in the denial letter your receive.  If you fail to follow the full appeal process, you may not be entitled to relief even if you are correct.  Most health insurance plans provide a time limit to appeal a denial, so you must make sure you have filed your appeal within the time limits. Best of luck.... Read More

I am sorry to hear about the loss of your rental home.  If you have not already done so, you need to notify your insurance company immediately of your loss.   You should consult your insurance policy. It will have information on how to report your loss.   After the loss has been reported, the insurance company should contact you.  They will likely want additional information from you to determine the cause of the fire, etc.  They also may want to take an Examination Under Oath of you and possibly of others who were living in the home.   Soon after you report the loss, they also should send someone out to appraise the damage.   You should consult your policy regarding the specifics of the replacement value.  They differ from policy to policy, however, most likely you will have a certain amount of time to request replacement value.  Sometimes its a few months or up to a year.   Essentially it means that if you replace certain items and keep the receipts and request reimbursement for them within the time period, they will pay a certain amount of said replacement items.  Finally, consult your policy to see if you have coverage for Debris Removal.  If so, make a demand for that as well regarding the clearing of your lot.   It is very important that you read your policy from front to back and understand it. If you don't have a full copy of your policy, you can request one from your insurance company and I recommend you request a certified copy.   Best of luck. NOTE: This response is general in nature and should not be considered legal advice.  No attorney-client relationship exists or is formed as a result of this response. ... Read More

Your best bet would be to hire an attorney and file a declaratory action against your insurance company to ask the court to determine if there is coverage or not.  My understanding of the law is that once you complete your task at work, and are returning home, you are not considered to be on the job.  So if you had finished working for the day and were returing home, your insurance company may have improperly denied your claim.  But the law on this issue is very fact specific, and must be looked at on a case-by-case basis.  This is why it is important that you sit down with a lawyer familiar with insurance law, and discuss your particular case with him/her, so that they may properly advise you as to how you should proceed. If you do have a judgment entered against you, and you dont pay it, a lien could be placed against you and a security suspension could be levied against your drivers license, meaning your license is suspended until the security lien is paid.  Doesnt happen in every case, but there is the possibility, so it is at least worth you sitting down with an attorney and discussing your case. Best of luck.... Read More

Well that depends.  Ohio law requires that you maintain financial responsibility insurance on any vehicle that is registered with the state.  In other words, if you have a license plate on it, then you have to have insurance on it, even if it is sitting somewhere and not being driven.  And if you fail to maintain insurance while the vehicle has a license plate, you could end up having your driver's license suspended.  When you get/renew your plates and get/renew your license, you sign a form acknowledging that you are required by law to maintain insurance on any vehicle registered in your name. One option is to surrender the license plates.  Remove them from the vehicle, and notify the BMV that you are surrendering the license plates to the vehicle and not registering it under another plate.  You may have to turn the actual plates into the BMV.  Im not really sure how that works.Once the plates have been removed/surrendered, you no longer have to have insurance on the vehicle.  But you also cannot drive the vehicle again until you re-register it and get new plates for the vehicle. Another option is to contact your insurance company.  Tell them that you will not be driving the vehicle for a certain amount of time, and that it will be garaged during this time and will not be on the road.  They may be able to offer you a break on the insurance for this time period.  No guarantees, but doesnt hurt to look into it. Best of luck.... Read More

This question is probably more appropriate for your insurance agent, as each company is different about how they handle damage claims and premium determinations.  But to attempt to answer your question, there is always a risk that your insurance premiums will increase any time that you make a claim under the insurance.  But, again, each company is different, so it is best to speak with your insurance agent about this issue.... Read More

Dear Ashley:  When you suffer damage to your automobile as a result of an automobile accident, the at-fault party is responsible for repairing your vehicle or paying to you the fair market value of the vehicle as of the date of the collision, whichever amount is less.  This is regardless of what it will cost you to buy another vehicle, how much money you owe on the vehicle, etc.  If you believe that the insurance company is not offering you fair market value for the vehicle, then you have the option of suing the at-fault driver for the amount that you believe the vehicle is worth.  As to the rental vehicle, the at-fault party's insurance company only has to provide you with a rental vehicle up to the time that they offer you fair market value for the vehicle and delivered the check to you.  If you refuse the offer of fair market value, then they may terminate the rental vehicle at the time of your refusal or after a reasonable period of time after the offer.  Also, if your vehicle is totalled, the insurance company must pay the sales tax if you purchase another vehicle within 30 days of receiving the check for your property damage.  However, the insurance company must only pay the sales tax up to what a comparable replacement vehicle would cost.  So if you purchase a brand new vehicle, they only have to pay the sales tax on the amount which is equal to what it would have cost you to buy a similar car of like year, model, make, etc.  You have to purchase the vehicle within 30 days of receiving the check and provide proof of the purchase to the insurance company within 35 days of receiving check.  If you fail to purchase the vehicle within 30 days or provide proof within 35 days, the insurance company does not have to pay your sales tax. Best of luck to you.... Read More

The law of Ohio is that the insurance follows the vehicle, not the driver.  So, if you have the vehicle insured, your stepdaughter should be covered by your insurance while she is driving your car.  However, many insurance policies provide exclusions for coverage if the person is a resident-relative (i.e., a person related to you by blood or marriage that resides in your home).  Similarly, some insurance policies exclude coverage for drivers not listed on the policy if a vehicle is available for that person's regular use.  You should review your insurance policy carefully to ensure that your stepdaughter is covered. If she is a resident in your home (even part-time) and/or regularly drives your vehicle, it would be best for you to add her as an insured driver on your policy, or have her purchase her own automobile insurance, before letting her drive your vehicle. If she has her own insurance, and your insurance did not cover her, then her own insurance would step in and provide coverage. If she has no insurance herself, and your policy excludes coverage for her, any person injured if she would cause an accident could potentially come after you for negligent entrustment of a vehicle (i.e., you knew or should have known that she had no insurance and was not covered by your insurance, but you let her drive the vehicle anyways).  And because you would essentially have no insurance coverage, your personal assets could be attached to satisfy a judgment.  Additionally, your policy may exclude coverage for your property damage, meaning you would be responsible for repairing/replacing your own car. Best course is if she is going to regularly drive your vehicle, you should have her added as an insured under your policy of automobile insurance, or have her purchase her own insurance.... Read More

1.  No, you do not have to report your own "accident" to your automobile insurance company, since it was your property that was damaged.  So long as no other third party claiming damages, there is no need to report the claim to your insurance company.  Similar to a rock hitting your windshield while driving, you don't have to make a claim if you don't want to.  If there was damage to a third party, then you would have to report pursuant to your insurance contract. 2.  Because the accident was on private property, it is not a violation of any Ohio traffic law, so it cannot be reported as an infraction with the Ohio Bureau of Motor Vehicles.  So it will not appear on your license as an accident.  However, if you report it to your insurance company and make a claim for the damage to your car, it will be listed as a comprehensive claim on your insurance report, which can raise your premiums, depending on your insurance company and the number of claims you have had in the past.  This will also be visible to any other insurance company that you apply for coverage with. If you do want to make an insurance claim, most policies require that you report the claim to them as soon as possible so that they may conduct an investigation into the claim.  If your claim is not made timely, the company could deny the claim for breach of conditions precedent, including the duty to timely report and the duty to cooperate.  Read your policy to determine the duties and time limits applicable to you.... Read More

Probably wise for you to consult with an attorney.  Generally speaking, if your own auto insurance company is asking for a statement, you have to give it to them pursuant to a condition in your insurance contract that requires you to cooperate with their investigation into your claim.  However, where they have denied your claim, there should be no reason they need a statement from you (unless they are denying your claim because you failed to give a statement or failed to cooperate).  Talk with an experienced attorney about the denial of your claim.  If the claim was improperly denied, you may have a claim against the insurance company.  It would be best for you to speak with an attorney before you agree to give a statement to the insurance company, and would probably be a good idea to have him/her present during the giving of your statement.  Good luck.... Read More