auto accident
Kent, OH
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Posted about 1 year ago in Car / Auto Accident
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i was involved in a motorcycle accident, i am uninsured and being contacted by the other driver and his insurance provider about a claim, what should i do? and how should i handle the other driver and his insurance ?
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Answers (2)Mark Roland Baran
This attorney is licensed in Ohio and 1 other state.
Posted about 1 year ago.
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You should contact an injury lawyer and discuss all facts and circumstances concerning the motorcycle accident as soon as possible. This is particularly important if you were cited as the type of plea you enter may adversely affect you without your knowledge (automatically paying a citation may be an admission of guilt on your part and could be used against you).
Also, some insurance companies have well-trained agents to contact you for a "recorded statement" and may ask leading and unfair questons which may also be used against you later. Ohio is a modified comparative fault state which means that if one person brings a claim against another they need to prove (by a preponderance of the evidence which is also known as "more likely than not") that the other party was 50% or more at fault. Generally, there is a lesser burden of proof in a Civil case (a case which usually involves a claim for damages or injuries) as opposed to a Criminal case in which their is a allegation of a violation of a law and a crime was involved. I suspect this response will lead you to think of other questions which is exactly why you should contact an attorney to get the necessary legal advice related to the unique facts of your circumstances. It is impossible to provide you with legal advice without this information. Finally, when you speak with a personal injury attorney you should also ask about the damage recovery (if at all likely) of your Motorcycle. I have no idea whether you were inured or not - hopefully not. Good luck in your search. Mark Baran Thomas William James
This attorney is licensed in Michigan.
Posted about 1 year ago.
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Without a doubt you should contact an attorney. Allow that attorney to handle the discussions with the other driver/insurance company.
Word of caution, if you are served with a lawsuit (complaint, summons, etc), you only have a short window to respond in a proper format before the court will enter a default (default=you automatically lose). Best of luck
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