Legal Question in Civil Litigation in Ohio

I live in Ohio and my daughter and her cousin was throwing pebble rocks over my fence and hit my neighbor's truck. Myself, my husband and other parent all agreed to pay for the damages beccause none of us have homeowners'/rental insurance. He first gave an outrageous estimate for $4300. Then we agreed to allow the neighbor to turn it over to his auto insurance and let them estimate, repair and subrogate us. I have been in contact with the insurance company and they are in agreement as well. Now my neighbor is suing me in small claims court for the amount of the damages (that his insurance company is paying for) and his deductible ( which the insurance company assured me will be refunded to him following subrogation). Is this legal for him to collect get a settlement from us as well as the insurance company for the same damages?

Asked on 9/16/11, 11:10 am

1 Answer from Attorneys

Ryan Fisher Lowe Eklund Wakefield Co. LPA

No. You should ask the judge to allow you to bring the insurance company into the case as a party so that all the claims involved in this incident can and will be resolved together. Otherwise, you run the risk of having to pay your neighbor AND later the insurance company for the damages.

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Answered on 9/16/11, 12:57 pm

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