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  1. #1
    Join Date
    Jul 2010
    Posts
    2

    Default Court Dismissed My Case but Insurance Company Says It My Fault

    My question involves insurance law for the state of: Ohio

    I recently involved in an accident where other driver operating vehicle with their head lights OFF. In an Intersection where i did stopped for a flashing light and did not notice the other car which is going with their head lights OFF and hit them. Other Car Ran away from the scene after 3 min. I called 911 and informed what happend. As me or my wife not injured they considered it as non emergency case. other car came back after 30 min with another truck.
    where a guy in his 50 claimed its his wife (48) who's driving the car. He said she is recent immigrant so dont know what to do after the accident so ran away.

    When cop arrived after 1 hr 30 min women drivers husband gave him a phone number claiming witness number. he said the witness guy followed her wife when she ran away from the scene. cop called the witnesss and gave me a ticket saying he has to, because they have a witness and looking at the car it looks like i hit them. he suggested me to go to court and contest as he feels suspesious about other party.

    I contested in court with no guilty and court dismissed my case because of my following reasons.
    1) other party running with headlights OFF
    2) they ran away from the scene claiming she is new to the country.
    ( there might be anyone driving that car under age, with out insurance, or DUI)
    3) witness number might be a clear set up as there is no one following other car.

    Now My Insurance company saying i am liable for the accident because other car has daylight running lights option and also a witness number claiming my fault.

    that car might have that option.. but when cop verfied the car while going back they don't have that option enabled.

    how can i protest this against my insurance company ?/

    Thanks
    DR GADDE

  2. #2
    Join Date
    Jan 2006
    Posts
    27,034

    Default Re: Court Dismissed My Case but Insurance Company Says It My Fault

    how does your insurance company listing you at fault affect you?

    Not saying you are wrong, just wanting to know how their decision affects you.

    Did the other driver have insurance?

    and you being found not guilty on a ticket does not mean the other party is liable for the accident, just that the court determined you were not guilty of the ticket issued. Fault was not an issue in your hearing/trial, just your situation concerning the ticket.

    and what was the ticket for?

  3. #3
    Join Date
    Jul 2010
    Posts
    2

    Default Re: Court Dismissed My Case but Insurance Company Says It My Fault

    other party claim will be paid from my claim. My insurance premium will go up.
    i dont know if i have to pay his deductable too??

    other driver have insurance from same insurance provider.

    ticket issued was 'failed to yield on flashing red'

    thanks for your reply.

    really appriciate your help.

  4. #4
    Join Date
    Jan 2006
    Posts
    27,034

    Default Re: Court Dismissed My Case but Insurance Company Says It My Fault

    I am presuming the other vehicle was not faced with a flashing red light, correct?

    If they were at fault, you would have a claim against them and not against your collision coverage, which is ultimately, I believe, is your concern, yes?

    to the deductible: if you have a deductible for your liability coverage then the insurance company could attempt to collect that from you.

    so, the problem is: you are not legally at fault until a court rules you are. Any ruling of fault by any other entity is not binding on you. Your insurance company can act based on their determination of fault but they cannot require you to pay anything based on their decision.

    So, you need to express you position of not accepting fault and regardless of what they do, you expect them to treat you as if it was not your fault. That would mean, if they want to pay the other guys claim including any deductible, fine. If the other guy didn't have collision and would not have had to pay the claim yet they still want to do that, fine. Those are all business decisions they are allowed to do if they want to.

    Where it matters is how it affects you. You need to insist this is not recorded as an at fault accident on your record and that it not be considered in your premiums as an at fault accident.

    Do you have collision insurance that will cover your vehicle (as if you were at fault)? If so, I would argue that there be no deductible (if there was one) (in other words, you be treated as if you were not at fault).
    If you don't have collision, then you are faced with damages your insurance company is refusing to pay, yes?

    If they refuse to treat you as it wasn't your fault, you need to appeal the decision within the company. There should be a process outlined in your policy or in some other company literature. If they refuse to act without listing you as being at fault (and all the other associated actions), you need to contact the states department of insurance that oversees insurance companies.

    If you don't get satisfaction then, your only other choice I am aware of would be to sue your insurance company, which would be quite expensive.

    all through this you need to maintain no culpability has been established by the courts so there is no legal determination of culpability.

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