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Vehicle hits child

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What is the name of your state? OHIO

My wife was involved in a incident this morning where a 13 or 14 year old ran out in the street to retrieve a basketball and was hit by her car. The police and accident investigator came on site and have said in their police report they will mark her not at fault. THey even have a video of the incident.

However, the parents still believe she is at fault and apparently will be filing a civil lawsuit. I am needing some advice to protect myself from the lawsuit.
 


FlyingRon

Senior Member
Have your wife contact her insurance company. She should not discuss this with anybody other than them and the lawyer they will appoint.
 

Ohiogal

Queen Bee
What is the name of your state? OHIO

My wife was involved in a incident this morning where a 13 or 14 year old ran out in the street to retrieve a basketball and was hit by her car. The police and accident investigator came on site and have said in their police report they will mark her not at fault. THey even have a video of the incident.

However, the parents still believe she is at fault and apparently will be filing a civil lawsuit. I am needing some advice to protect myself from the lawsuit.
They have a right to file a lawsuit. Your wife has a right to submit it to her insurance. Pedestrians in Ohio normally ALWAYS have the right of a way. While your wife may not be criminally liable, she could be civilly liable. How injured was the child? How fast was your wife going?
 

Just Blue

Senior Member
What is the name of your state? OHIO

My wife was involved in a incident this morning where a 13 or 14 year old ran out in the street to retrieve a basketball and was hit by her car. The police and accident investigator came on site and have said in their police report they will mark her not at fault. THey even have a video of the incident.

However, the parents still believe she is at fault and apparently will be filing a civil lawsuit. I am needing some advice to protect myself from the lawsuit.
Was your wife insured? If so, she should report the accident to her insurance company. In what way do you, personally, need protection?
 
He was just bruised pretty badly and some bleeding. no broken bones. In the police report, they have her going 20. This happened in a subdivision. THey have a basketball hoop that is at the end of the driveway facing the road. What happened was he was dribbling a basketball and it hit the curb and he ran out right in front of her. So if they do file the lawsuit, do i need to get a lawyer myself?
 
They have a right to file a lawsuit. Your wife has a right to submit it to her insurance. Pedestrians in Ohio normally ALWAYS have the right of a way. While your wife may not be criminally liable, she could be civilly liable. How injured was the child? How fast was your wife going?
He was just bruised pretty badly and some bleeding. no broken bones. In the police report, they have her going 20. This happened in a subdivision. THey have a basketball hoop that is at the end of the driveway facing the road. What happened was he was dribbling a basketball and it hit the curb and he ran out right in front of her. So if they do file the lawsuit, do i need to get a lawyer myself?
 
Good news! Based on what you have posted here, you do not need to defend yourself. Your wife, not you, should report the accident to her insurance company and they will provide an attorney to defend her if needed.
Ok one more question. She was driving a family members car and not ours. Do we file with our insurance or her aunts?
 

adjusterjack

Senior Member
Your insurance because your wife ran over the child.

No. The car owner's insurance is the primary liability coverage as she was driving with permission of the owner and is defined as an insured under that policy.

She can report the potential claim to her own insurance company which will investigate under a reservation of rights and still defer to the owner's insurance company.
 

FlyingRon

Senior Member
No. The car owner's insurance is the primary liability coverage as she was driving with permission of the owner and is defined as an insured under that policy.
In certain circumstances. Usually, the requirement is that it is a casual borrowing the car. If the Aunt is letting the wife drive for an extended period or (worse) if they cohabitate, they usually won't cover this. I'd report it to both.
 

adjusterjack

Senior Member
No. The car owner's insurance is the primary liability coverage as she was driving with permission of the owner and is defined as an insured under that policy.

In certain circumstances. Usually, the requirement is that it is a casual borrowing the car. If the Aunt is letting the wife drive for an extended period or (worse) if they cohabitate, they usually won't cover this. I'd report it to both.

The "legal" reality is just the opposite. The aunt's policy would be the default primary policy and only in extreme circumstances could the claim be denied and the policy rescinded.

The Ohio personal auto policy liability section defines "Insured" as:

1. You or any "family member" for the ownership, maintenance, or use of any auto or "trailer."

"Family member" means a person related to you by blood, marriage, or adoption who is a resident of your household.

2. Any person using "your covered auto" with your permission provided that the actual operation or use is within the scope of such permission.


Above is quoted directly from the policy form which I present for your perusal.

https://www.omig.com/static/forms/pdf/A-10(2010-12).pdf

Note that number 2 does not limit permissive use to just a "casual borrowing" and since the driver, in this case, was certainly a "family member" (niece) it wouldn't matter if the niece was living with the aunt and used the car regularly.

Where a problem could arise is if the aunt conceals the situation from her insurance company and that concealment is material to the underwriting of the risk.

Courts have routinely ruled that materiality must involve any of the following:

1 - The insurance company would have declined to write the insurance in the first place.
2 - The insurance company would have charged more for the insurance.
3 - The insurance company would have limited the coverage.

In the absence of any of the three elements the concealment would not be material and the claim would not be denied. Denial and rescission are serious matters and insurance companies don't make that decision without contemplating the serious legal consequences that are involved.

Nothing in the OP's situation suggests that any material concealment, or any other non-compliance with the aunt's policy, occurred.
 

Zigner

Senior Member, Non-Attorney
Pedestrians in Ohio normally ALWAYS have the right of a way.
There are situations where they do not have the right away, as well as situations for which they are liable for getting hit by a car. I child darting out from behind a parked vehicle is a great example of one of those situations, but I'm sure there are others.
 

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