Liability for Auto accident

UPDATED: Jun 8, 2009

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Liability for Auto accident

I was struck by a delivery vehicle. The driver of the vehicle was cited and there was a witness. The vehicle that stuck me was insured. The driver of the vehicle did not provide insurance information of his own, only of the vehicle he was driving. His insurance will not file my claim because only the vehicle was insured, not the driver. They state that he is not covered by the policy,only the vehicle. He was a delivery driver for a company, the policy s not commercial. Who is liable for my repairs?

Asked on June 8, 2009 under Accident Law, Ohio


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

Answered 13 years ago | Contributor

The delivery company and the driver are both liable for your repairs.  It is mandatory in your state to carry liability insurance on your vehicle with a minimum of $7500 for property damage.  Every driver of one's vehicle must also carry insurance.  If the company refuses to file your claim with their insurance company, and you know what company it is, you do it!  If you have further problems, you can sue both the driver and the delivery company in small claims court for up to $3,000.  If your damages are more than that, you would need to file in state court, but it's costlier, so you might want to go for the $3K if it's close to your damages.  They are probably just hoping you'll go away.  Don't give them the satisfaction.  If they were at fault, sue them!

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 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.

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