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Uninsured Motorist In An "Indetermined Fault" Accident (Insurance Law)

Sat, 23 Feb 2008 08:23:00 GMT

My young niece was in an accident in Ohio this year and unfortunately - didn't have insurance AND was only driving with a permit.(She is learning a hard lesson from this)

She was involved in the accident with a car who has insurance.

ORIGINALLY the other party insurance agreed to pay for everything- because he hit her in the rear quarter panel - and was very nice about it. HOWEVER, once the police report came - the report stated that the "fault" was indeterminant.

Now the other insurance party is now coming after her for the damages. Yes she was uninsured and yes driving without a license (for which she got cited) - but NO FAULT was determined.

My agent stated that the other company is just trying to take advantage of her and stated that if two INS CO's were battling this out - that they would deny each others claims and take care of their own. I believe they are trying to take advantage of a young, POOR($$) driver. (She is a student and has barely enough money to live on)

He states we should send a letter to claim damages for her car and medical to "counter" what they are trying to do to her.

Can anyone offer us some guidance? She tried to get a lawyer but since she has no $$ she can't get any help from anyone willing to go after them.

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  • Sun, 02 Mar 2008 10:42:00 GMT(1)
  • One other note- She just rec'd a letter from a Subrogation Department from anfi stating that she is now completely AT FAULT and they are going to take her to court for the $$ for the entire damages of the other person's car. HOW CAN THIS HAPPEN WHEN NO FAULT WAS DETERMINED?
  • Sun, 02 Mar 2008 08:22:00 GMT(2)
  • What does she do about the other insurance company contacting her? Maybe I am confused - Does filing against the other driver counter the other Insurance Companies claim? Not sure that I follow. How does she deal with them?
  • Sun, 02 Mar 2008 08:22:00 GMT(3)
  • Thank you for your help!
  • Sun, 02 Mar 2008 10:54:00 GMT(4)
  • Quoting ConcernedAuntJ


    One other note- She just rec'd a letter from a Subrogation Department from anfi stating that she is now completely AT FAULT and they are going to take her to court for the $$ for the entire damages of the other person's car. HOW CAN THIS HAPPEN WHEN NO FAULT WAS DETERMINED?

    It's easy to type up petitions/complaints to file in court. And it's easy to type up nasty letters.

    Computers make it easy.

    Nothing has happened yet.

    She needs a lawyer. Yesterday.
  • Sun, 02 Mar 2008 11:08:00 GMT(5)
  • Thank you. We are contacting the local Bar Association to find someone who might take the case.

    I appreciate your time!
  • Sun, 02 Mar 2008 11:36:00 GMT(6)
  • an insurance company does not find "legal" fault nor does a police officer. The courts will do that if the parties involved cannot agree as to fault.

    So, what they are doing is taking advantage of the situation that she does not have an insurance company (and the subsequent legal representation) she should have and is trying to force the issue, even if they are wrong. Remember though, since nobody has actually been adjudicated to be "at fault" they are just as correct in trying to collect as she is to deny.

    defeinately seek out an attorney lest she may become overwhelmed and lose merely due to improperly defending her position.

    If you live near any law schools, they often provide legal asssistance as well at a reduced fee or even free.
  • Sat, 23 Feb 2008 15:46:00 GMT(7)
  • She can file against the other driver for damages in small claims court. She does not need an attorney.
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