No Insurance, Not at fault, Insurance will file a suit

[Rod1979]

What is the name of your state? Ohio

I was involved in an accident in Oct, 2004. I was heading South, yielded to the Left in an Intersection while the other driver was heading North. He did not stop at the Red Light and he was speeding (as he confessed at the court). He claimed that I did not have the Green Light when I made the turn. The police officer gave me the ticket for failing to yield. I went to the court (criminal) and the judge said that neither one could prove who was wrong and said that no one is at fault.

At the time, I had no Insurance but my car and the other driver's car was totaled. The other driver's Insurance just now, Sept sent me a letter from the courthouse saying that if I don't call them in 24 days stating if I had or not Insurance, the suit will be filed and I will have to show up in court.

I now live in Florida and have Florida driver's license and Insurance. What can happen and what should I do?

 

[JETX]

I now live in Florida and have Florida driver's license and Insurance. What can happen

Gee, lots of things.... such as:
1) They file a lawsuit against you. You lose.
2) They get a judgment against you.
3) They then domesticate that judgment into your home state.
4) You still don't pay.
5) They contact your state DMV and your license and registration are suspended until you pay the judgment.

and what should I do?

Should do?? Call them.

 

[Rod1979]

Thank you for the answer Jetx.

I just got off a law firm here in FL and he told me the same about my Florida's license. On the hand, this Lawyer told me that they already filed a suit against me but not because I did not have Insurance, but because they want the money, $14,000 they spent on the other driver's car back. Therefore, this insurance wants a trial to prove I was driving negligently. The lawyer that I just talked to also said that I will have to dispute the allegations in the complaint. It says on the letter: “If you fail to defend, judgment by default will be rendered against you for the relief demanded in the complaint"

The lawyer however did not know if Ohio's law allows me to "mail a letter" with my response or if I need a Ohio's lawyer to do it. How should I go about it? Can I respond to this letter myself? If so, where can I search for a template on how the answer should be filed with the Court and the plaintiff's attorney? This lawyer told me that if I hire a lawyer it could easily cost me over $3,000 to defend me. He also recommended me to look for a paralegal to write my defense letter as a more affordable choice.

 

[JETX]

I just got off a law firm here in FL and he told me the same about my Florida's license.

Okay.

On the hand, this Lawyer told me that they already filed a suit against me but not because I did not have Insurance, but because they want the money, $14,000 they spent on the other driver's car back. Therefore, this insurance wants a trial to prove I was driving negligently.

True, kind of.
They are trying to recover their 'loss' (the amount that they paid out on the claim) and are going to try to prove to the court that you were at fault.

The lawyer that I just talked to also said that I will have to dispute the allegations in the complaint. It says on the letter: “If you fail to defend, judgment by default will be rendered against you for the relief demanded in the complaint"

Yep. Simply, if you don't answer AND you don't appear at the trial, they will get a default judgment against you.

The lawyer however did not know if Ohio's law allows me to "mail a letter" with my response or if I need a Ohio's lawyer to do it. How should I go about it?

You can certainly mail 'a letter' to the court AND the plaintiff (attorney), but your 'letter' will likely do nothing as the answer to the lawsuit has to be in a specific legal format.

Can I respond to this letter myself?

You have the legal right to respond 'pro per' (meaning simply, 'as your own attorney'). However, at some point you will be expected to be knowledeable of legal processes..... and absent that, you will be at an EXTREME disadvantage.

If so, where can I search for a template on how the answer should be filed with the Court and the plaintiff's attorney?

Some states provide 'standardized' forms, some don't. Since you are not IN Ohio... you can't go to a law library IN Ohio to research forms.
A generic approach to the requirements can be found at: http://www.legalhelp.org/public/answering_complaint.php?PHPSESSID=c3ed573f9c27d6d9241e8c7d71263c08

He also recommended me to look for a paralegal to write my defense letter as a more affordable choice.

Good advice... but get one in OHIO.

Oh, and your answer will be just the start of this process. You can count on spending a lot of time... and money.... on it. And yes, if this gets to court (and it likely will), you better plan on having an Ohio attorney in your corner.

 

[Rod1979]

Thank you for the quick, organized response and for the site. I do know this specific Insurance is loaded of money to hire the best lawyer in Ohio. I also know that the criminal judgment done last year about this case has nothing to do with this lawsuit since this time is considered civel but the other driver said in Court that he thinks he was about 15 miles faster than the speed limit of 45miles/hr My car was also totaled and at the time, it was worth $6,000 according to the Kelley Blue Book. Besides getting a paralegal to write me a response and wait for a trial with a lawyer, can I also have this case as an opportunity for me to recover my loss? By getting a lawyer, can he work this way around? I will probably have to loose some workdays if I go to trial "after responding to this complaint”? My wife was my passenger at the time and she agreed that I had the green arrow light. Can I use her as witness?

 

[JETX]

I do know this specific Insurance is loaded of money to hire the best lawyer in Ohio.

They don't need the 'best lawyer'.... this is a very simple case.

I also know that the criminal judgment done last year about this case has nothing to do with this lawsuit since this time is considered civel but the other driver said in Court that he thinks he was about 15 miles faster than the speed limit of 45miles/hr

Then your attorney should try to get the transcripts from the criminal case to use in your civil defense.

My car was also totaled and at the time, it was worth $6,000 according to the Kelley Blue Book. Besides getting a paralegal to write me a response and wait for a trial with a lawyer, can I also have this case as an opportunity for me to recover my loss?

Yep. You can certainly file a counterclaim or countersuit for YOUR damages. You will be in the same position as the other party.... and have to PROVE your damages and their liability.

By getting a lawyer, can he work this way around?

Lost me there.

I will probably have to loose some workdays if I go to trial "after responding to this complaint”?

Okay. Not compensable.

My wife was my passenger at the time and she agreed that I had the green arrow light. Can I use her as witness?

She can certainly testify. However, most passengers, unless they are looking directly at the light, can't offer FIRST-HAND testimony as to whether the light was green or not. She would only be repeating YOUR 'version'.... and her credibility is somewhat 'tainted' anyway as she is clearly biased in your favor.

 

[Rod1979]

Jetx, I appreciate your clarification to my case. I am now more aware of the situation I am into, thanks to this website and to the professionals "like yourself" that are here to help.

Thank you again.

Rod1979

 

[JETX]

Jetx, I appreciate your clarification to my case. I am now more aware of the situation I am into, thanks to this website and to the professionals "like yourself" that are here to help.

Thank you again.

Rod1979

Of course, you're welcome!