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Questions Answered by Matthew S Flemming
1 Answer | Asked in Car Accidents for Ohio on
Q: If you are in an accident but the police aren't notified, are you still liable for damages

If I rear ended someone in a rental car, the police were not contacted. Insurance information was given but there is now no written proof of this accident, correct? Just wondering.

Matthew S Flemming
Matthew S Flemming answered on Dec 6, 2019

Yes, you are still liable.

Trying to deceive an insurance company is insurance fraud. Insurance fraud is a felony.

Failing to cooperate with your insurance company can invalidate coverage and make you personally responsible for damages instead of having your insurance company...
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1 Answer | Asked in Car Accidents for Ohio on
Q: My daughter was in an accident. The other driver was ticketed for not yielding. My daughter did not have a license.

Or insurance. Does the other drivers insurance still cover my daughter's car?

Matthew S Flemming
Matthew S Flemming answered on Oct 15, 2019

I hope your daughter is doing OK. As long as it was determined that the other driver was liable for the accident, it should cover the vehicle. The insurance may try to fight you on this due to her being an unlicensed driver, but as long as that did not cause the collision, it should be... Read more »

2 Answers | Asked in Car Accidents for Ohio on
Q: Looking to speak to somebody about my wife being in a car accident..
Matthew S Flemming
Matthew S Flemming answered on Sep 26, 2019

There are many good attorneys who can help you, look through the “find a lawyer” search tool here, or internet search for local attorneys near your home.

I hope she’s doing alright.

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2 Answers | Asked in Car Accidents for Ohio on
Q: 2 cars traveling in the same direction the first car signals to turn left and then realizes he wants to turn right

as he turns right, he hits a car that is behind him going straight who is at fault the vehicle turning hit the front side of the other vehicle that was going straight

Matthew S Flemming
Matthew S Flemming answered on Sep 7, 2019

If they’re in the same lane, the car who rear ended him is at fault for failure to maintain assured clear distance ahead.

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4 Answers | Asked in Car Accidents for Ohio on
Q: I was given a settlement due to a car accident. Today when I was called in to get my check, I was told I needed to sign

the full settlement check first and they would need to deposit it into their account and wait for it to clear before I would be issued my check. Is this normal?

Matthew S Flemming
Matthew S Flemming answered on Aug 23, 2019

Yes.

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1 Answer | Asked in Personal Injury and Workers' Compensation for Ohio on
Q: I had a back injury in 1997 that resulted in surgery. Now have had to have surgery again in 2019. can I reopen claim if

I never received settlement. That company is now out of business

Matthew S Flemming
Matthew S Flemming answered on Jul 23, 2019

The statute of limitations for Ohio Workers' compensation claims depends somewhat on when the last activity was on the claim. You should contact a licensed attorney to discuss some specifics and they can give you a better idea of whether the claim is still active or barred due to inactivity.

1 Answer | Asked in Animal / Dog Law and Personal Injury for Ohio on
Q: Am I liable for an back injury to my dog sitter. While on a lead my dog jerked the sitter and the sitter hurt his back.
Matthew S Flemming
Matthew S Flemming answered on Dec 1, 2018

Depends on the facts. If you have homeowners or renters insurance, report it to them and allow them to determine whether or not you have any sort of exposure.

1 Answer | Asked in Workers' Compensation for Ohio on
Q: I had a work injury and WC continues to deny the MRI I need. Will using personal insurance for MRI complicate anything?

I informed my doctor that it was a work injury and that it kept getting denied.

Matthew S Flemming
Matthew S Flemming answered on Jul 13, 2018

Depending on the time frame of the denial, you may be able to appeal the denial to the industrial commission. I would speak quickly with a Workers' Compensation attorney (there are many), to discuss your options. You could use personal insurance, however it can muddy the waters quite a bit for... Read more »

1 Answer | Asked in Car Accidents for Ohio on
Q: If you leave the scene of an accident but no one was in the other vehicle can you turn yourself in within a certain time

Without being charged with fleeing the scene

Matthew S Flemming
Matthew S Flemming answered on Mar 29, 2018

As soon as you leave the scene of an accident you run the risk of being charged. The statute that the criminal offense is defined within does not require another person to be present.

I would consult with a criminal defense attorney before approaching the police. I would also recommend...
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1 Answer | Asked in Personal Injury and Traffic Tickets for Ohio on
Q: Got pulled over traffic violation asked to get out of car and searched with my 5 yr old still in the car can i sue?

Got pulled over for exhaust in my fathers car i was driving had my 5 yr old daughter with me i was picking my kids up from school left my ID i was then asked to get out of the car and brought back to the cruiser and was about to get searched till i explained to them why am i removed from my running... Read more »

Matthew S Flemming
Matthew S Flemming answered on Feb 24, 2018

Luckily, your daughter did not put the car in drive, and from your post there does not seem to be anything further that happened after you got out of your vehicle and put in the cruiser. There is no claim here.

1 Answer | Asked in Personal Injury and Animal / Dog Law for Ohio on
Q: Is it legal for someone to kill my hunting dog if they "claim" he was after their cat but can't prove it?

My hunting dog went onto another property and the owner shot and killed him and is saying he was attacking their cat, but can't/ won't prove that he was. Filed a report and the cops told me there's nothing i can do.

Matthew S Flemming
Matthew S Flemming answered on Feb 24, 2018

I'm sorry to hear about your hunting dog. However, in this instance, if your animal went on to another's property, it is considered a trespass. Furthermore, under Ohio law, owners of dogs are strictly liable for any actions of their animal that leads to the injury of another. If that animal was... Read more »

1 Answer | Asked in Personal Injury for Ohio on
Q: I was in a car accident. Is there a reason I should hold off filing an insurance claim until after a personal injury

suit?

Matthew S Flemming
Matthew S Flemming answered on Feb 22, 2018

Usually, no. Typically a lawsuit only comes if you cannot resolve it with the insurance company. Filing a lawsuit costs money and if you can resolve it without incurring those costs you are in a better position.

But, your circumstances may be different based on your timing. Contact a...
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1 Answer | Asked in Car Accidents and Personal Injury for Ohio on
Q: I was in a minor car accident on yesterday, sitting at a red light change and the car i was driving was rear end I wa

I was in a minor car accident on yesterday, sitting at a red light change and the car i was driving was rear end

I was driving a company car but they dont want me to do anything because it may cause them to lose there contract what are my options

Matthew S Flemming
Matthew S Flemming answered on Jan 8, 2018

Your options depend on what happened to you. If you have injuries that required medical treatment, you may be able to compensation against the driver that rear-ended you, and also through the Ohio Workers' Compensation system. If only the car was damaged and you did not suffer any personal... Read more »

1 Answer | Asked in Employment Law and Workers' Compensation for Ohio on
Q: I fell leaving work in parking lot ( not owned by my office). Sprained ankle along with torn ligaments

Posiible broken ankle and foot. Am I eligible for workman comp or coming and going laws?

Matthew S Flemming
Matthew S Flemming answered on Jan 8, 2018

This is a very factually specific question and cannot be answered without a further in-depth interview. I would certainly try to consult with a workers' compensation attorney.

1 Answer | Asked in Workers' Compensation for Ohio on
Q: I am a 50 year old truck driver. I've been on workers comp since I fell out of truck on January 31, 2017. Some of my inj

Was injured after falling from truck. Some of my additional allowances were denied by ic. Going to common pleas Court. My doctor has set surgery date for lumbar fusion. I am using my own insurance for this. He says I will also need surgery for neck. I have pre-trial set for November. Then jury... Read more »

Matthew S Flemming
Matthew S Flemming answered on Jan 8, 2018

If you do not have an attorney, I strongly recommend consulting with one prior to to trial. If there is not a doctor's deposition that testifies about the fall and the injuries it caused, there may be an issue showing what you need to in order to have your claim and the conditions you are seeking... Read more »

1 Answer | Asked in Employment Discrimination, Employment Law and Personal Injury for Ohio on
Q: Can I sue my past employer?

I got hit by a forklift in my back, filled out paperwork, went to the hospital, and am getting bills in the mail from the hospital since I quit. While I was working there I got head butted in my nose by my line lead and was witnessed by a supervisor. I had to fill out paperwork. I was the told if I... Read more »

Matthew S Flemming
Matthew S Flemming answered on Jan 8, 2018

For what it's worth, depending on what happened, you may be entitled to a Workers' Compensation claim for some of your injuries. I would contact a Workers' Compensation attorney for the circumstances regarding the forklift incident and headbutting incident.

2 Answers | Asked in Legal Malpractice for Ohio on
Q: Can I fire my lawyer even though I signed a contract? I was injured in a car accident called a lawyer he presented

Himself like he would be on it. 10 months has passed I've never met him. I have no idea what's going on with the case. When I call a paralegal answers. I feel something isn't right. I've waited 15 days for a return call just to be the paralegal again.

Matthew S Flemming
Matthew S Flemming answered on Dec 2, 2017

Yes. But, talk to your lawyer. See what’s happening on his end. Your attorney had most likely been dealing with insurance companies, doctors, etc. express your concerns. Ask him to explain what’s going on, you may be happy with the answer. You may not.

Another important thing to...
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1 Answer | Asked in Car Accidents for Ohio on
Q: I was recently in an auto accident I was rear ended I was incoherent Air bag deployed in my face The man who hit me said

I hit him which was a lie The Officer let him go gave me the ticket So his insurance put me at fault I’ve had back issues since the accident Can I sue for injuries

Matthew S Flemming
Matthew S Flemming answered on Nov 27, 2017

I'm sorry to hear about your accident. I would consult with an attorney in your area. A forum like this would not be a good place to discuss intricate issues of liability that may become public by nature of the website where you are asking the question.

Most attorneys will give free...
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1 Answer | Asked in Car Accidents for Ohio on
Q: Do parents have to pay medical bills for accidents that happened as a minor?

My boyfriend was passenger in a car accident while being a minor. Lots of medical bills and injuries. His father settled a claim for a few grand that went to my boyfriend, and towards some of the bills. Suddenly thousands of other dollars in bills are coming in, and his father is trying to tell him... Read more »

Matthew S Flemming
Matthew S Flemming answered on Nov 14, 2017

Your boyfriend may be able to still make his own claim against the driver that caused the collision, but, that means the insurance company would then sue his father to recoup the settlement that he entered into on your boyfriend’s behalf. It’s not guaranteed that he may have this option... Read more »

2 Answers | Asked in Car Accidents for Ohio on
Q: I have closed head injury and sprain neck and back from car wreck guy admitted fault will they pay meforpainandsuffering
Matthew S Flemming
Matthew S Flemming answered on Oct 18, 2017

They may, depending on the evidence that you present to them. An insurance company will look for any reason to devalue your claim, so it is worthwhile to at least consult with an attorney who practices personal injury to go over the value of your claim, because you may leave a lot of money on the... Read more »

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