Legal Question in Personal Injury in Ohio

The other person will probably be able to make an uninsured motorist claim under his own insurance policy. BUT, once his insurance company pays that insurance company will sue your son to recover the amount it has paid. This is called a "subrogation claim." Also, your son may lose his license until he is able to pay the amount of the claim.

If your son did not have insurance he will likely lose his drivers license as he is required to maintain a minimum of $12,500.00 in liability insurance in Ohio. Eventhough you may have paid for the insurance, the lapse of coverage is no defense to your son who is legally responsible for his negigence. If your son was known to be an unsafe driver, you could be sued on a negigent entrustment claim if you allowed him to drive your car, knowing he was impaired in some manner and was driving without insurance. If the other party had uninsured motorist coverage they will likely file a claim under their uninsured policy for injury and the collision coverage for property damage. The insurance company will likely bring a subrogation claim against your son to recover for the amount that they have to pay their insured. You should consult with an attorney and not assume that the matter will simply go away. Your son is at risk of being sued for the damages caused to the other party and by the insurance company on a subrogation claim. He should not ignore this matter if he receives notification of a claim or a lawsuit being filed. Again he will likely lose his license until he proves financial responsibility by purchasing a bond or a minimum policy to cover liability. Hope this helps.

www.mishkindlaw.com

[email protected]