Legal Question in Insurance Law in Ohio
scared to death. please help
I was in a collision 10/28/04, which occurred at an intersection in my apartment complex.There are no stop signs at the intersection, but the posted speed limit is 15 mph, because many of the intersections are ''blind'' intersections where you can't see someone coming until you're well into the intersection. I was going 15 mph, proceeding straight through the intersection when a car came from my left at about 40 mph, hit my left front, bounced off of me, spun nearly all the way around, and hit a parked car. I firmly believe the other party is at fault. My carrier says that it may well be the case that he's at fault, but it just wouldn't hold up in court, so they are assigning liability to me, amid my very vocal protests-and they won't tell me what their process is for appealing this assignment of liability.
The police did come to the scene, but all they did is hand out exchange of information forms. They didn't ticket anyone and they didn't make a report.
My policy's PD liability limit is $7500. The damage certainly exceeds this. I have no assets to speak of, I'm a student, and I'm scared to death about what will happen now. Can they garnish wages? Tax refunds? what will happen to me?
1 Answer from Attorneys
Re: scared to death. please help
You don't say whether you have been sued or not. Your insurance company has a contract responsibility to defend you if sued. Keep a diary of all contacts with your insurance company, and follow up any verbal discussions with a letter stating your understanding of what was discussed.
If your insurance company does not defend you adequately and you are subject to an excess judgment, you may have a claim against the insurance company for "bad faith" under Ohio law. Keep track of everything, and seek the advice of counsel.
Good luck,
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