The other driver is obviously at fault, and the accident happened in a Fault State (Ohio), but my insurance policy is in New York which is a no-fault state. So, even though I am not at fault - my insurance company wants to pay my medical bills and lost wages and I have to file a claim with the other drivers insurance company to fix my car, but it seems I am not entitled to seek compensation for my injuries ( I have pretty bad whiplash, I have to have 6 weeks of chiropractic/physical therapy) and I was prescribed muscle relaxers and pain medication. Is this correct? Or since the other driver is at fault in a fault state can I go after the other driver''s insurance company regardless of my no fault policy? My insurance company sent me a check for lost wages, I don''t want to cash it until I get this question answered.
You should be able to file a claim in Ohio against the driver that struck you and claim all of the damages for your injuries. The fact that your own vehicle was insured under a NY no-fault policy should not affect your claim against the other driver. I would contact an Ohio attorney that handles personal injury claims to discuss your options.
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