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Two people were in a car accident in Ohio, no citations were issued. One driver was insured the other was not.

Duluth, GA |

Both drivers were injured. The driver that was not insured was pregnant and lost the baby, she is stating as a result of the accident. What is the liability to the insured driver as related to the injuries of the uninsured driver?

Attorney Answers 6

Posted

Even though neither driver was issued a citation, the Ohio police report should reflect the investigating officer's findings of fault. It is very rare to not have such an indication on the report, at least in Georgia. It is not as unusual to have no citations issued. If the pregnant driver is not at fault and a doctor, ideally her treating doctor, is of the opinion that the collision caused her to lose the baby then she would have a viable claim against the other driver. In that case, she would need an Ohio attorney. I am assuming she is not represented by an attorney. If that is true, I would be able to recommend attorneys in Ohio, if you wish. Feel free to call or email me.

Mr. Ashenden is licensed to practice law in Georgia. The response to this question is not intended as legal advice and does not create an attorney/client relationship. Mr. Ashenden has responded based on the limited information provided by the inquirer in this forum. There is a Statute of Limitations applicable in every case and Mr. Ashenden strongly advises that the inquirer seek legal counsel immediately for a complete evaluation of the matter.

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Posted

If the insured driver was at fault he/she is liable for the other driver's injuries. As for the fetus, if it was "quick," meaning the mother could feel it move, that loss is compensable, as well.

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1 comment

Henry David Bullard

Henry David Bullard

Posted

On my cell phone I did not see that the wreck happened in Ohio and was speaking of Georgia law regarding the fetus being "quick." I apologize.

Posted

If the ccident is in Ohio, contact an Ohio attorney. There may be differences in law affecting an uninsured's ablity to recover damages in excess of out of poscket expenses, and Ohio may or may not n=be a no fault state. You need the advice of someone fmiliar with the laws in that state.

The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.

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Posted

First of all, you posted in teh wrong place. In using a Georgia address, Ohio lawyers won;t see your question. Repost using an Ohio addressn so Ohio lawyers see your question. The presence or absence of insurance has NO effect on liability. Determining who is at fault does (and that is not decided by traffic tickets).

If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you. Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at geaatl@msn.com . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.

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Posted

I agree with the prior posts here that you will need to sort out venue and that you may find that this is an Ohio claim despite the fact that you are posting your question from Georgia. Consulting an experienced personal injury attorney will ensure that these issues are addressed, and that this claim is pursued in the right forum, and that will be the key to determining liability as well.

Provision of information in response to this question does not create an attorney-client relationship and the questioner is encouraged to seek and retain legal counsel in order to discuss their question(s) further and directly with legal counsel. Respondent is licensed to practice law in Georgia and Tennessee for non-Federal matters with a primary focus on personal injury and workers' compensation, and is also authorized by the Social Security Administration to represent claimants nationwide in Social Security Disability claims. The questioner is advised that some responses on this site are provided by attorneys who are not licensed in the respective jurisdiction of the questioner, and any advice from attorneys on this site concerning state-specific areas such as workers' compensation by attorneys who are not licensed in the applicable and appropriate jurisdiction should be viewed as for general educational purposes and should generally be given lesser weight than responses by attorneys licensed in the governing jurisdiction. Response to this question further assumes that the questioner is not currently represented by counsel, and if this is not the case, then it is recommended that any further questions or concerns be directed to their current legal counsel.

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Posted

As you can see from the other posts, the uninsured driver could have a claim if the other driver was at fault. However, the nature of the claim and the definitions of fault, no-fault, and/or decree of liability will all depend on Ohio law, which could be much different from what we are experienced with here in Georgia. Another thing to be concerned about is the residence of the insured driver, as this may affect where the case would be brought. Find someone on AVVO who lists their practice as auto accident defense in Ohio, as that would be the best place to start.

The above information is general in nature. In order to obtain more specific and legal advice upon which to base your important decisions, please contact our office directly for a free phone or in person consultation. Robert M. Gardner, Jr. Hicks, Massey & Gardner, LLP hmgrmg@yahoo.com 53 W. Candler St. Or 718 Oak St. Winder, Ga. 30680 Gainesville, Georgia (770) 307-4899 (770) 538-0555 gadebtlaw.com hicksmasseyandgardner.com serving metro Atlanta and all of Northeast Georgia Bankruptcy, Divorce, Personal Injury, Worker’s Compensation, Medical Malpractice, Adoption, Civil and Criminal Litigation

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