What to do if a township snow plow backed into my car butthe township’s insurer will not pay?

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What to do if a township snow plow backed into my car butthe township’s insurer will not pay?

I have my new car parked in my driveway, which happens to be uphill and 160′ from any road. I was having my propane tanks moved and while the propane people were throwing out slag a township truck came by and offered them assistance. The driver started to back up my drive without my permission, throwing slag while I was yelling for him to stop. He did but only after hitting my car. Their insurance carrier will not cover the driver’s neglectfulness, stating a OH law. What direction should I go?

Asked on February 2, 2011 under Accident Law, Ohio

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Do you have the coverage for the damage?  Will your insurance company pay fpr the repairs?  If so then maybe that would be the easiest route for you to take at this point in time.  Once they pay for it then they will sue the township and the driver to recover the money on your behalf.  It is known as subrogation.  Otherwise, I think that you have bought yourself a lawsuit and you must sue the towneship and the driver on your own.  I might take the "law" that they are referring to to an attorney for consultation.  It is difficult in this forum to give any more direction without reading it.  Good luck to you. 


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