Legal Question in Criminal Law in Ohio

uninsured accident

my husband was involved in a car accident. wasnt his fault,he had liability...the other driver(we found out) wasnt insured at all,there was apolice report to show she was at fault .There are damages to our truck that needs repaired,what can we do? do we need to take her to court, and if so how' because she wont hasnt returned our call sence this happened and it been a few weeks now. we were told she moved so stop callen' ..its my husbands work truck.. he had estimates done for repair, and now cant find her. cops said she gave them false info such as address and insurance,my insurance person tryed as well to find her...to no avail. so we stand empty handed..if u have any advice on how to handle this situation, or what can i do' in this situation.ANY HElp would be kindly appericated .


Asked on 3/20/07, 12:40 am

2 Answers from Attorneys
Mark Chuparkoff Chuparkoff & Chuparkoff

Re: uninsured accident

Call me. I think I can help. Typically, your insurance will have "underinsured/uninsured" coverage to protect against this happening.

In short, your carrier is required to "step into the shoes" of the person who doesn't have insurance. It does require filing suit against the person at fault. And just because you don't know where they are, doesn't mean we can't file... it just makes it a little more difficult.

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Answered on 3/20/07, 7:25 am
Bradley Miller Miller Law LLC

Re: uninsured accident

If your insurance company has paid you any money for repairs, a rental, etc. pursuant to the insurance policy, then the insurance company will likely bring suit on its behalf to get that money it paid out to you (normally the insurance company of the at-fault party pays for damages).

It sounds like the insurance company here has not paid you anything though. In that case, it is recommended that you contact an attorney. An attorney can help you try to located the person who was at fault and can file a suit on your behalf. Even if the damage was relatively minor, there are many legal rights that are time-sensitive, and an attorney can make sure you do not lose or waive them.

In Ohio, if you are a fault in an auto accident and did not have insurance coverage, your license can be suspended by the Bureau of Motor Vehicles. Sometime that is enough to get the person to show up so you can get your money from them.

If you have any other questions, feel free to contact me.

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Answered on 3/20/07, 9:36 am


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