auto accident/ no insurance/ being sued by driver

[gimli]

What is the name of your state? Ohio

Back in February of 2003, i was involved in an accident that i was at fault, and did not have any auto insurance. Since that time, I have been paying the damages of the accident to the drivers insurance company. Now, just this month i have recieved a summons to small claims court from the driver i hit, asking that i be responsible to pay his $500 deductible, and $485 for the amount that he still owed on his vehicle after his insurance company proclaimed it a total loss and cut him a check.

Am i liable for these damages? And what steps do i need to take before i am summoned before the court to plead my case?

Sincerely,

gimli

 

[knotcops]

Am i liable for these damages?


.........Yes.



And what steps do i need to take before i am summoned before the court to plead my case?


..........Pay him what you owe and you won't have to go to court. He is out of pocket for this money and has every right to try to recover it from you.

 

[stephenk]

make sure the money you are paying to the insurance company does not already include reimbursement for their insured's deductible.

 

[lwpat]

You are not responsible for the $485 which is the difference between what he owed on the vehicle and what his insurance company said it was worth. You are only responsible for the value of the vehicle, not the amount of the loan.

 

[gimli]

Well.. im going to court today. After doing a bit more research and calling his insurance company, they explained that I was not liable for the amount he still owes on his car. Also, I am paying for his $500 deductable already, its just that if the Judge has me pay it today, i can send in the reciept, and that $500 be removed from the balance i owe the insurance comapany.

Ill let you all know the final result.

Thank you all for the help.

 

[jayman369]

Gimli, good luck in court, and I sure hope you have insurance now, as should everyone. Hope you don't take this offensively.

Good luck again.

-Jay

 

[gimli]

Well, As predected I had to pay for his $500 deductable + 3% interest for 9 months. Also, since i paid the man right after court, the judge did not place the Judgement on my record.