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I was in a car accident and was hit but the other driver no…

I was in a...

I was in a car accident and was hit but the other driver no one was cited no witness and one was hurt says conflicting story on report but I didn't have insurance am I responsible for fixing his car

Lawyer's Assistant: In what state did the injury take place? And do you have medical records or other documentation?

No one was hurt it was in Columbus ,ohio

Lawyer's Assistant: Has anything been filed? If so, what?

Nothing's been filed they sent me a letter in insurance company telling me I need to reimburse them for his car

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Answered in 7 minutes by:
12/12/2017
Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 5,366
Experience: Over 30 years of experience
Verified

Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

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Customer reply replied 7 months ago
Ok thanks

Can you tell me how much they are demanding from you?

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Customer reply replied 7 months ago
A little over 9000

Okay. Thank you. Please give me a few minutes to prepare an answer. I try to be thorough.

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Customer reply replied 7 months ago
Ok

Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow-up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

Before you can be forced to pay the other driver, or his insurance company, would have to sue you and obtain a judgment against you. Because there are no witnesses and there does not appear to be a police report the question of fault in the accident is based only on the testimony of the two drivers.

In these cases the burden to move forward and the burden of proof rests with the party that is bringing the claim. They must be able to prove their claim by what is called the preponderance of evidence. In plain English this means that they must show that it was more likely that you caused the accident.

The other factor to consider is that the amount is $9,000.00. This is a significant amount of money, but in the legal world is it a difficult amount to sue over. It is too much to sue in Small Claims Court, so the law suit must be brought in the Court of Common Pleas. This means an attorney must be hired. It is very likely that the costs of suing you will exceed the $9,000.00. So it is very possible that it is not worth suing you.

This would be especially true if you lack the assets to pay a judgment.

Now I can not promise that they will not sue you - they may have attorneys on staff that can bring the case for little money. BUT that is not the norm.

Also they have to know that the case is weak because it is your word against the other driver's word.

I suspect that they will threaten you, cajole you, and try to persuade you to settle for some amount of money.

So the short answer is that right now you do not have to pay anything, and you probably should not.

If you are sued then it will be necessary to revisit this and decide what you want to do.

Lastly, if they are going to sue they must do so within 2 years from the accident. If they do not you are home free.

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but helps me greatly. Thank you.

If you are dissatisfied with my response, PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or, if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you, and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 5,366
Experience: Over 30 years of experience
Verified
Gerald, Esq and 87 other Legal Specialists are ready to help you
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Customer reply replied 7 months ago
Thank you,I hope it goes the way you said have a great evening lisa

It is not something worth worrying about at this time.

What you have received is a Demand Letter. You can write back and state that their insured caused the accident and is at fault. You can also reply by demanding that they pay for your damages.

It may give them pause.

Good luck.

Kind regards,

Gerald

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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