Can I sue for the cost of the damages of an auto accident, if my e-husband lied about us being insured?

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Can I sue for the cost of the damages of an auto accident, if my e-husband lied about us being insured?

My ex-husband lied about us being insured. I was in an auto accident and now, over a year later, he told me I was never insured when I thought he was dealing with it.

Asked on May 23, 2012 under Accident Law, Ohio

Answers:

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

Answered 9 years ago | Contributor

If you were not at fault in the auto accident, you can file a property damage claim (the cost of repairs to your car) with the at-fault party's insurance carrier.  If you were injured in the accident and have completed your medical treatment and been released by the doctor or declared by the doctor to be permanent and stationary which means having reached a point in your medical treatment where no further improvement is anticipated, obtain your medical bills, medical reports and documentation of any wage loss and file a personal injury claim with the at-fault party's insurance carrier.  Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.  If the case is settled with the at-fault party's insurance carrier, NO lawsuit is filed.  If you are dissatisfied with settlement offers from the at-fault party's insurance carrier, reject the settlement offers and file your lawsuit for negligence against the at-fault party (registered owner of the vehicle if someone other than the at-fault driver).  If the case is NOT settled with the at-fault party's insurance carrier, you will need to file your lawsuit for negligence against the at-fault party (registered owner) prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.

If you were at fault in the accident, you won't be filing any property damage or personal injury claim with the other driver's insurance carrier.  If you were at fault in the accident and didn't have insurance, the other driver can sue you for negligence.  If the other driver has uninsured motorist coverage, the other driver will file a claim through his/her insurance carrier.  That insurance carrier will then sue you to recover the amount it paid on the uninsured motorist claim.


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