Ohio Rear-end accident

[Michaels Mom]

Ohio- I was involved in a rear end collision in December and have several questions. The driver who hit me was 17 years old and I was stopped at a red light, She did not get out of the truck and automatically called her parents, which they arrived on scene within minutes. I had 3 passengers in the car (Two 18 year old's and a 12 year old)

This was on Dec 18th, her parents did not answer the claim until Jan 9th. We have the same insurance company. So my questions are...

-Does it matter what was on the police report.
On the police report, it stated that I was 'slowing down' and the driver did not see me, and struck my vehicle from behind. We were at a red light and I was completely stopped for a while. The light turned green after she struck me. The cop seemed to know the parents. I called the office who completed it and he said: I gathered everyone's statements. (Although my statement was not on the police report) 'How do I know that you were actually stopped?' And that 'we were 'arguing semantics'

-Can you get the footage from the police cameras that are on corners of the streets?

-Since the parent's of the driver took their time responding to the claim, my car has been in the shop for almost 2 months. My 18 year old and I share a car because I has a stroke and when I get vertigo, he will take my other son to school. Well since we have been in a rental, and you need to be over 25 to drive it, he can't drive my other son to school and he cannot pick up extra shifts at work.

-With the stroke, I had surgery in November (I was cleared to drive), but since the accident, I have been stuttering more and my vertigo has spiked to at least 3 times a day. (Following surgery it was once a week). It set my recovery back like you wouldn't believe. I have had appointments with my doctor's but I did not go to the ER at the time of the accident because, I am not going to lie, I am afraid of hospitals now.

My insurance company hasn't even called me and they have been terrible through this full process. I have been making all the calls to them, like when I was charged 2 times for the rental vehicle.

This has been a nightmare. Any suggestions would be greatly appreciated.

 

[adjusterjack]

Does it matter what was on the police report.

Not for determination of fault. If the officer had to testify in court he could only testify as to what he observed upon his arrival. He did not witness the accident. He would not be allowed to testify as to what he was told. That's inadmissible.

What the police report is good for is recording the time, date, location of the accident and the identity of the parties and witnesses if any. He could testify as to the positions of the vehicle and any damage he observed.

'How do I know that you were actually stopped?'

Probably doesn't matter whether you were moving or stopped. Colliding with the back of somebody's car, moving or stopped, creates a presumption of negligence, almost impossible to overcome.

Can you get the footage from the police cameras that are on corners of the streets?

Well, I've seen those videos from street cameras on other sites. Must be a way. Google something like getting video from street cameras with the name of your city and see what comes up.

Since the parent's of the driver took their time responding to the claim, my car has been in the shop for almost 2 months.

I've been reading hundreds of posts elsewhere where accident victims suffer through the hassle and delay of dealing with another driver's insurance because they don't want to pay their deductible and/or they are afraid their rates will go up. If you have collision coverage you could have gotten this resolved with your own company within a few days. You still have the option to do that. It's what you pay for when you buy insurance.

With the stroke, I had surgery in November (I was cleared to drive), but since the accident, I have been stuttering more and my vertigo has spiked to at least 3 times a day. (Following surgery it was once a week). It set my recovery back like you wouldn't believe. I have had appointments with my doctor's but I did not go to the ER at the time of the accident because, I am not going to lie, I am afraid of hospitals now.

You are entitled to compensation even if the accident only exacerbated a pre-existing condition. It's called the "eggshell plaintiff rule which "evolved in the context of preexisting injuries to provide that if a defendant's wrongful act causes injury, the defendant is fully liable for the resulting damage even though the injured plaintiff had a preexisting condition that made the consequences of the wrongful act more severe than they would have been for a plaintiff without a preexisting condition or injuries" Daniels v. Northcoast Anesthesia Providers, Inc., 8th Dist. Cuyahoga No. 105125, Butler CA2019-12-207 - 3 - 2018-Ohio-3562.

Due to the complexity of those claims, I suggest you consult with an attorney who has experience with them.

My insurance company hasn't even called me and they have been terrible through this full process. I have been making all the calls to them, like when I was charged 2 times for the rental vehicle.

The bad news is that your insurance company has no obligation to help you with a claim against a negligent driver. Your insurance company's obligations are 1 - To pay for the damage to your car under whatever coverage applies including a rental if you have rental coverage, and 2 - to defend you (and pay if appropriate) for claims made against you by other parties.

In dealing with another driver's insurance company, you are on your own.

 

[Zigner]

The bad news is that your insurance company has no obligation to help you with a claim against a negligent driver. Your insurance company's obligations are 1 - To pay for the damage to your car under whatever coverage applies including a rental if you have rental coverage, and 2 - to defend you (and pay if appropriate) for claims made against you by other parties.

I just want to clarify this bit for the OP.

Yes, your insurance company is the same as the other driver's insurance company, but for the purposes of what you are dealing with, it makes no difference. They are not "your" insurance company when representing/defending the other driver.

 

[zddoodah]

her parents did not answer the claim until Jan 9th.

Not sure if it's important, but I'm not really sure what this means.

Does it matter what was on the police report.

No one who hasn't read it can intelligently answer this question.

On the police report, it stated that I was 'slowing down' and the driver did not see me, and struck my vehicle from behind. We were at a red light and I was completely stopped for a while.

Assuming that the cop who made the report did not personally witness the accident, then the police report is nothing more than a collection of witness statements and the officer's personal observations after arriving on the scene. Who told the officer that you were "slowing down" as opposed to stopped (not that it really matters).

Can you get the footage from the police cameras that are on corners of the streets?

No, but you or your insurer might be able to.

Since the parent's of the driver took their time responding to the claim, my car has been in the shop for almost 2 months. My 18 year old and I share a car because I has a stroke and when I get vertigo, he will take my other son to school. Well since we have been in a rental, and you need to be over 25 to drive it, he can't drive my other son to school and he cannot pick up extra shifts at work.

Do you have collision coverage on your policy? If so, why haven't you had your car repaired using that coverage? You'll have to pay a deductible, but your insurer will seek reimbursement of that amount when it seeks to recover from the other driver's insurance.

My insurance company hasn't even called me

So...are you telling us that, over the last two months, you have regularly called your insurer about this accident and have never actually spoken to anyone? Have you reported the accident via your insurer's online portal (assuming it has one)? You might want to contact the Ohio Department of Insurance about this.

 

[commentator]

Just a comment here, I have seen some amazing police accident reports. They don't have much importance in the resolution of the claim. Don't worry about the police officer being on their side. If you hit someone in the rear end, it is on you. Even if you were pushed into the car in front of you by being hit by a car behind you.

Actual comment by insurer: "No wonder you both say the light was green, according to this is police report, you were both going the same way on the same street when the collision occurred."

An elderly friend of mine had her car parked in the condo parking lot, had not used it in some time. She was hit by another resident's guest, leaving his apartment in an inebriated state. The police report says my friend was drunk driving and hit her own car.

 

[Zigner]

If you hit someone in the rear end, it is on you. Even if you were pushed into the car in front of you by being hit by a car behind you.

This is incorrect. If it can be proven that you were, in fact, pushed into the car in front of you, then the car in the back is responsible. I've been in this exact scenario as the middle car. I was stopped, and a car hit me from the rear, pushing me into the car in front of me. All drivers agreed that this was what occurred, and I had no liability for the accident.

 

[commentator]

This is incorrect. If it can be proven that you were, in fact, pushed into the car in front of you, then the car in the back is responsible. I've been in this exact scenario as the middle car. I was stopped, and a car hit me from the rear, pushing me into the car in front of me. All drivers agreed that this was what occurred, and I had no liability for the accident.

Well, you never know. That's just what the insurance agent said to me. When this exact thing happened to me, my insurance had to pay for the car I hit (I was standing on my brake, sitting stock still at a traffic light when the car behind me hit me and I was jammed into the car in front of me.) But my car insurance had to pay for the car in front of me, and the car behind me had to pay for the damage to my car. I felt I should've gotten something for
"pain and suffering" as the vision of that big SUV coming for my rear end stayed with me for several days. Very thankfully, no one was hurt, and everyone did have car insurance!

 

[not2cleverRed]

Well, you never know. That's just what the insurance agent said to me. When this exact thing happened to me, my insurance had to pay for the car I hit (I was standing on my brake, sitting stock still at a traffic light when the car behind me hit me and I was jammed into the car in front of me.) But my car insurance had to pay for the car in front of me, and the car behind me had to pay for the damage to my car. I felt I should've gotten something for
"pain and suffering" as the vision of that big SUV coming for my rear end stayed with me for several days. Very thankfully, no one was hurt, and everyone did have car insurance!

That's at odds with my experience in >2 car accidents.

NH (2001): I was in the front car in a 3 accident while sitting at a stop light. The insurance of the driver of the back car paid for the repair.

NJ (2001): Family member was one of the middle cars in multiple car pile up. Not at fault.

MA (~1987): Family member was back car in 6 car pile up on Mass Turnpike during rush hour on the way to picking me up at Logan. At fault. My understanding at the time was "whoever's the last car is at fault for the whole thing".
_______________________________________________________________________________________________________________________
Regarding OP's situation: I have no experience with OH specific law. However, in both versions of what happened, the other driver is at fault. Whether you were at a complete stop or you were moving slowly, the driver behind you should have been aware of the traffic in front of them.

It is not an issue that the kid didn't get out at the scene. They stayed, rather than leaving the scene. It is understandable that a minor would call their parents.

It is potentially problematic that you refused to go to the ER at the time. It is possible that you had a minor TBI in the accident. Hopefully your dr has been aware enough to get the appropriate testing and care.

 

[adjusterjack]

When this exact thing happened to me, my insurance had to pay for the car I hit (I was standing on my brake, sitting stock still at a traffic light when the car behind me hit me and I was jammed into the car in front of me.)

My opinion for the two cents that it's worth is that when you roll up behind somebody at a stoplight you have a duty to leave enough distance between you and the next car so as to avoid hitting the car in front if you get hit from behind.

Maybe your insurer felt that way too.

 

[Zigner]

My opinion for the two cents that it's worth is that when you roll up behind somebody at a stoplight you have a duty to leave enough distance between you and the next car so as to avoid hitting the car in front if you get hit from behind.

Maybe your insurer felt that way too.

I agree that it's wise, but your duty is to not hit the car in front of you when you stop. As long as you meet that duty, you're good.

 

[commentator]

I agree that it's wise, but your duty is to not hit the car in front of you when you stop. As long as you meet that duty, you're good.

In this particular case, which was in heavy traffic I'd have had to allow about twenty feet between me and the car in front of me at that light. But I'm just being subjective, know nothing about the traffic laws in any state except what I was told. Honestly, I was just speaking to the poster's concern about the accuracy of the police report.

 

[cbg]

We were car #4 in a five car accident. Car #1 stopped without warning; car #2 plowed into him, car #3 plowed into car #2 etc. There were weather conditions as well. Ultimately, car #1 was held fully responsible.

 

[Bali Hai Again]

We were car #4 in a five car accident. Car #1 stopped without warning; car #2 plowed into him, car #3 plowed into car #2 etc. There were weather conditions as well. Ultimately, car #1 was held fully responsible.

A lesson for the rubberneckers out there.

 

[BensonBingham]

Ohio- I was involved in a rear end collision in December and have several questions. The driver who hit me was 17 years old and I was stopped at a red light, She did not get out of the truck and automatically called her parents, which they arrived on scene within minutes. I had 3 passengers in the car (Two 18 year old's and a 12 year old)

This was on Dec 18th, her parents did not answer the claim until Jan 9th. We have the same insurance company. So my questions are...

-Does it matter what was on the police report.
On the police report, it stated that I was 'slowing down' and the driver did not see me, and struck my vehicle from behind. We were at a red light and I was completely stopped for a while. The light turned green after she struck me. The cop seemed to know the parents. I called the office who completed it and he said: I gathered everyone's statements. (Although my statement was not on the police report) 'How do I know that you were actually stopped?' And that 'we were 'arguing semantics'

-Can you get the footage from the police cameras that are on corners of the streets?

-Since the parent's of the driver took their time responding to the claim, my car has been in the shop for almost 2 months. My 18 year old and I share a car because I has a stroke and when I get vertigo, he will take my other son to school. Well since we have been in a rental, and you need to be over 25 to drive it, he can't drive my other son to school and he cannot pick up extra shifts at work.

-With the stroke, I had surgery in November (I was cleared to drive), but since the accident, I have been stuttering more and my vertigo has spiked to at least 3 times a day. (Following surgery it was once a week). It set my recovery back like you wouldn't believe. I have had appointments with my doctor's but I did not go to the ER at the time of the accident because, I am not going to lie, I am afraid of hospitals now.

My insurance company hasn't even called me and they have been terrible through this full process. I have been making all the calls to them, like when I was charged 2 times for the rental vehicle.

This has been a nightmare. Any suggestions would be greatly appreciated.

I’m sorry to hear about the challenges you’re facing. While the police report provides some details, it doesn't determine fault. If your statement wasn’t included, you can still provide it later, especially if there’s conflicting information. Regarding the footage, it's worth requesting the police to see if camera footage from the area is available; it could provide valuable evidence. As for the delays and your insurance company’s lack of response, you may want to escalate the issue to a supervisor or file a formal complaint. Additionally, given your medical situation, it's crucial to document how the accident is affecting your health and daily life, which could impact your claim.