Legal Question in Civil Litigation in Ohio

a drunk driver hit my house last year, we had a lawyer working on the case she sent a demand letter to the insurance and it was denied, the boy that hit us had no license due to a prior dui and was allowed to drive ayway, does it make since to file for emotional distress and 3rd party neglegence?

Asked on 2/16/10, 6:44 am

2 Answers from Attorneys

Joseph Jacobs The Jacobs Legal Group

I cannot imagine why the demand letter was denied... And why your lawyer has not sued. The ultimate issue is collectability. If the person who hit you is under 18 you can sue the parents. Otherwise you can sue the person and his/her insurance will defend the claim. Contact me directly if you like.

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Answered on 2/22/10, 5:44 am

Vaseem Hadi Rendigs, Fry, Kiely & Dennis LLP

Based on the limited information provided, you appear to have claims with your own insurer, the insurer of the automobile that caused the damage, and possibly others. What do you mean the boy "was allowed to drive anyways?" Allowed by who? If you make a claim to your own insurance, they should be able to cover this and then pursue a subrogation claim against the tortfeasors and/or their insurer. Please contact me to discuss at 513-381-9216.

Vaseem S. Hadi

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Answered on 2/22/10, 6:25 am

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