Results 1 to 2 of 2
  1. #1
    Join Date
    Jun 2008
    Posts
    273

    Default At-Fault Driver Claims Car Accident Damage Was Pre-Existing

    My question involves a traffic accident in the State of: Ohio

    Friend of mine was rear-ended. The other driver called her father to the scene - father looked at the damage to my friend's car and proclaimed that he didn't think the damage didn't match a rear-end accident and therefore must have been pre-existing - and refused exchange details. I asked if the police were called to the scene but I haven't heard back yet.

    My friend had filed an insurance claim but doesn't expect a decision for a few days or even weeks. In the meantime I was hooping to put her mind at ease if possible.

    Question: Who has the burden to proof WRT "Was the damage pre-existing"? The other driver, or my friend?

  2. #2
    Join Date
    Jul 2006
    Location
    Ohio
    Posts
    1,126

    Default Re: Rear-Ended - Other Driver Claims Damage Was Pre-Existing

    The insurance company adjusters will be able to determine pre-existing damage. Claims should be settled much more quickly than you anticipate, especially if the perosn is filing the claim through their own insurance company.

    1. Sponsored Links
       

Similar Threads

  1. Determination of Fault: Car Accident, at Fault Driver Not Admitting Fault to Insurance Company
    By denny33142 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 9
    Last Post: 04-02-2015, 08:28 PM
  2. Auto Insurance: How do Property Damage Claims Work in a No Fault State
    By scda0505 in forum Insurance Law
    Replies: 1
    Last Post: 03-24-2015, 03:35 PM
  3. Replies: 2
    Last Post: 11-20-2013, 11:07 AM
  4. Traffic Accidents: Insurance Company's Doctor Claims Car Accident Injuries Were Pre-Existing Condition
    By grandmawd in forum Accidents and Injuries
    Replies: 3
    Last Post: 08-09-2010, 08:05 AM
  5. Traffic Accidents: At-Fault Driver Claims I Ran a Red Light
    By ygrazi in forum Accidents and Injuries
    Replies: 11
    Last Post: 12-07-2009, 07:30 PM
 
 
Sponsored Links

Legal Help, Information and Resources