Negotiating partial fault to zero percent fault.

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Negotiating partial fault to zero percent fault.

My wife was driving down a busy street in Columbus, Ohio when a driver in a pick up truck pulled out in front of her while attempting to turn left. It was a four lane street with a median. His insurance company has placed 10% fault on my wife even though she was not cited by the Ohio State Patrol. How do I get the other insurance company to cover 100%. My wife was not cited, was not speeding, and was just driving home from a work meeting.

Asked on May 1, 2009 under Accident Law, Ohio

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

First, if the insurance company sent you a check, read the check and everything that came with it very carefully, because settlement checks like this often are set up so that if you deposit or cash it, you are accepting the amount as final just by doing so.

Make sure your own insurance company knows about this, and the fact that you disagree.

You can write a letter to the other insurance company.  Whenever you write to an insurance company, yours or the other driver's, nake sure you include the claim number that you will find on their letter to you, and the date of the accident, at the top of the letter.  Don't get nasty, just state the facts. Insurance companies have to deal with people in good faith, and sometimes they need to be "reminded" of that.  Make a photocopy of your letter, and keep it with the certified mail receipt and (when it comes back) the return receipt card.  You should hear back from them within 30 days.

If that doesn't help, you can complain to the Ohio Department of Insurance here:  https://insurance.ohio.gov/

For detailed information on your rights, which will depend on all of the facts of the case, see your lawyer.  You can find a lawyer at http://attorneypages.com   When you meet with your lawyer, be sure to bring the police accident report, all your bills and whatever you have gotten from the insurance companies (yours and the other driver's) and copies of whatever you have sent 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 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.

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