Legal Question in Civil Litigation in Ohio

Liability In A Non-Citeable Car Accident for Uninsured

my wife was uninsured at the time of a two car accident, neither driver was cited for fault. subsequently the other driver's insurance company is holding her liable for the damage incurred which is basically the blue book value of the vehicle ($17,000). being that she is uninsured and no insurance company to perhaps mitigate this what legal recourse would you suggest we take? obviously this will be hashed out in civil court, but can she actually be held liable in a non citeable accident, in acutallity she was not at fault but thats besides the point as the officer refused to cite either driver.


Asked on 7/22/05, 1:33 pm

1 Answer from Attorneys

Daniel Dismuke Daniel K. Dismuke, Attorney at Law

Re: Liability In A Non-Citeable Car Accident for Uninsured

It is possible to be held liable in a civil court for an accident which there was no traffic citation. The standards of proof are lower in a civil court.

If they are trying to make your wife pay the entire $17,000 and there is no insurance, you should retain a civil attorney to defend your wife and seek to recover for the damages to your wife's vehicle.

Even if the insurance company has not yet filed a suit against her, an attorney can negotiate with the insurance company and may even be able to resolve it to your satisfaction without a suit being filed.

Respectfully yours,

Daniel K. Dismuke, Attorney at Law

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Answered on 7/22/05, 11:47 pm


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