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Mad in OHio

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bunkles

Junior Member
What is the name of your state? OHio

I was involved in a traffic accident on private property (my employer's parking lot) when a co-worker opened her car door into my lane of travel. She was driving her mother's car and it sustained about $1,900 worth of damage to the driver's door, it was sort of jammed forward when my bumper hit it on the very edge of the door, at about a 45 degree angle. My truck sustained about $1,600 worth of damage. I did not want to report to my insurance company, as 1) my deductible is high and 2) I am at risk for cancellation due to another recent incident, and I am new with this company. Her mother's insurance has denied the claim, they said I was liable and at fault and they were going to try to collect from me, and her own insurance company has denied the claim for damage to my vehicle. The police were called, but they declined to come to do a report, since it was on private property. I am considering a small claims court case, since I feel I have ample evidence that she was at fault by opening up her car door into moving traffic, but wondered what my chances of a successful settlement are since I have not reported it to my insurance to date. Also, her insurance company is threatening to submit a BMV Crash Report, is this anything I need to worry about?

thanks for any help you can offer.
 


moburkes

Senior Member
Ohio uses comparative negligence. Just because you were driving doesn't mean that the other person was 100% at fault. You have the responsibility to report the accident to your insurance company. If a police report had been filed, they would have found out about it that way. And, I think you're supposed to file a crash report when the property damage totals over $400, if there is personal injury, or death.
 

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