Legal Question in Personal Injury in Ohio
Legal question about sueing
Almost 2 yrs. ago before we were married my wife was in a vehicle accident, she rearended someone. She was still living with her father she was 18 at the time, but the car was in her dads name. The lady didn't want the car totaled because of sentimental value, it was an old car. So my wifes dad instead of filing a claim with the insurance co. he paid to have the car fixed out of his own pocket, becaue the insurance co. would have totaled it. So last week my wifes father recieved a certified letter stating that she was sueing my wife and him for "mental anguish, lost wages, hospital bills, and permenant damages. Why she waited this long I have no clue. But i wanted a professional opinion on what We should do and if this will effect me since we were not married at the time. And if this a lugidiment case that would hold up in court. thanks
1 Answer from Attorneys
Re: Legal question about suing
The first thing your wife should do is contact the insurance company who insured her at the time of the accident. If she did not have an insurance company, then her father's insurance company should be contacted. The insurance company should provide her with a lawyer to defend the lawsuit.
Secondly, the statute of limitations is two years on a personal injury claim in Ohio. It is not unusual to wait that long file to file a lawsuit (I am assuming that was what was received). There may have been negotiations with the insurance company or the individual may still have been receiving medical treatment.
With respect to any liability you may have, if there is a court judgment in excess of the insurance policy, then your wife will have personal liability for the judgment and her wages can be garnished and/or any property she owns can be levied upon. You have no liability. This rarely happens and I haven't seen it happen in the ten years that I have been practicing.
As far as being a legitimate case, all you have told me is that your wife rearended someone. This is usually considered to be negligent and your wife would be liable for all the damages related to her negligence.
If you have any further questions, please contact me.
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