Legal Question in Personal Injury in Ohio
automobile damage claims
My son was hit by a car backing out in a parking lot. No police report was made. The driver said he would write a check and not submit to insurance if my son got him estimates. The estimates were for $400 and the driver said that was too much. He turned the matter over to his parents who viewed the damage and felt that $400 was too much. After several communications the parents decide the son should submit the claim to insurance. He hasn't yet done so. Can he ignore us and just not pay? If so, do we have any recourse. Using small claims court would involve much travel and expense as the accident occured on the other side of Ohio.
1 Answer from Attorneys
Re: automobile damage claims
Hopefully, your son obtained the guilty party's insurance information at the time of the accident, as the law requires. You do not need to obtain the other party's consent to file an insurance claim; simply contact an agent in your town who carries that insurance, request the telephone number for the claims office, and call the claims department to file your claim. I would discontinue contact with the boy and his parents -- your son agreed not to contact the insurance company only as a courtesy to the guilty party.
Also, remember to contact the police department where the accident occurred to file an appropriate accident report, if your son has not already done so. This is a requirement under Ohio law.
Good luck.
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