Can I file a small claims suit againgst the other driver for the 15, then afterwards accept the 85 responsibilty offer from his insurance company

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I file a small claims suit againgst the other driver for the 15, then afterwards accept the 85 responsibilty offer from his insurance company

I live in Ohio. My daughter was driving my van when a man pulled out of his driveway and struck my van. He was cited. His insurance company wants to total my van but only wants to accept 85 of the responsibility 3400. I do not have collision coverage.

Asked on August 23, 2018 under Accident Law, Ohio

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Since you are dissatisfied with the settlement offer, your recourse is to reject the settlement offer and sue the at-fault party for negligence. You can file your lawsuit in small claims court. Upon prevailing in the case, you can also recover court costs which include the court filing fee and process server fee.
You can enforce a monetary court judgment with a wage garnishment.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption