car accident and insurance of guilty party refusing to pay!

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car accident and insurance of guilty party refusing to pay!

I was hit from behind and I was at a complete stop when I got hit. The police were called and gave the guy that hit me a citation for causing the accident. The guy told his insurance company that it was road rage (which makes no sense since he hit me) and now his insurance company refuses to pay for my totaled car! I have uninsured motorists but since he has insurance, my company will not cover it either! What do you recomend? I live in Ohio by the way

Asked on June 17, 2009 under Accident Law, Ohio

Answers:

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

Answered 5 years ago | Contributor

You need to hire a lawyer in your area to contact the insurance company for you.  They are giving you the run-around here.  If he was cited by the cops for rearending you, and he was at fault, they owe you under his liability insurance.  If you want to try to handle it yourself first, write a letter to the company telling them what you told me about how the accident occurred and provide a copy of the police report.  Indicate on the letter that you are sending a copy (a cc) to the Ohio Dept. of Insurance.  Get their mailing address from their website, https://insurance.ohio.gov/

Give them a couple of weeks to respond.  If you don't hear anything, contact the Dept. of Insurance for further advice on handling it yourself, or contact a local attorney. Good luck.


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