Legal Question in Traffic Law in Ohio

At-fault driver's insurance now suing _me_ for their damages

In 1997 in Ohio, I was in an automobile accident in which the other driver was cited by the police. Although I did not have insurance at the time, I was not cited for failure to have insurance. Now I received a letter from the other driver's insurance saying I need to pay $12,000.00 for the damages to the other car.

Although anyone can sue for any reason, with the other person having been cited as at fault and for the related traffic violation, I should be able to succesfully fight this, should I not?


Asked on 8/09/04, 5:34 pm

1 Answer from Attorneys
Timothy Hess T. Hess & Associates, LLC

Re: At-fault driver's insurance now suing _me_ for their damages

His insurance company probably paid out to him through his UM/UIM (uninsured/underinsured)motorist coverage. If his insurance company is suing you for what they paid, also known as their subrogated interest, then you must answer their complaint within 28 days from when you recieved it or they will win by default judgment. If the other driver was at fault according to the police, you have a solid defense and should assert that in your answer.

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Answered on 8/10/04, 5:00 pm


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