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Ohio Insurance Defense Questions & Answers
2 Answers | Asked in Real Estate Law, Consumer Law and Insurance Defense for Ohio on
Q: Can my condo association enforce a special assessment due to increased insurance after a fire?

I received a letter from my condo association about a $1,000 special assessment due to a $155K insurance premium increase after a fire occurred in another unit. The fire led to our previous insurance provider dropping the association, resulting in a significantly higher new premium. A private... View More

Joseph Jaap
Joseph Jaap
answered on Jul 9, 2025

A condominium association is created by recording a Declaration in the county recorder's office, and it operates under Ohio law, Chapter 5311, along with the Declaration and By-Laws the condominium adopts. Every owner is a member of the condominium, and cannot opt out. Board members are... View More

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2 Answers | Asked in Car Accidents, Consumer Law, Insurance Defense and Personal Injury for Ohio on
Q: What recourse do I have if the other driver in an Ohio accident has no liability insurance?

I was involved in a parking lot accident in Ohio where the other driver backed into me. I have full coverage insurance, but the other driver's insurance company claims there is no liability insurance on their part and are investigating this matter. Although the police were present, they... View More

Tim Akpinar
Tim Akpinar
answered on Jul 7, 2025

I'm sorry about your accident. If you have full coverage and your carrier handles damages, your carrier might then pursue the payment from the other driver, if it turns out they are liable, which seems to be the case, based on the findings of the police who responded. If your carrier has not... View More

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2 Answers | Asked in Criminal Law, Car Accidents, Insurance Defense and Personal Injury for Ohio on
Q: Can I be charged with hit and skip if I'm unlicensed and not at fault?

I was involved in an accident where the other driver was at fault and fled the scene. I do not have a driver's license. After waiting 20-30 minutes and not seeing the police or other driver, I left the scene to go to work. The police later arrived at my workplace, where I fully cooperated with... View More

Emery Brett Ledger
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answered on May 29, 2025

Hi there,

Thank you for sharing what happened — I can only imagine how stressful that must’ve been, especially with your vehicle totaled and everything else going on. I want to make sure you get a clear understanding of where things stand legally and what your next steps might be....
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2 Answers | Asked in Insurance Defense and Personal Injury for Ohio on
Q: What are my rights if my father doesn't claim or replace my belongings after fire in Ohio?

I have been living with my parents in Ohio, along with my three children, for the past two years. After a house fire recently destroyed all of our belongings, the insurance company informed me that my father, as the policyholder, must include my and my children’s items in the claim. I have proof... View More

Tim Akpinar
Tim Akpinar
answered on Apr 22, 2025

An Ohio attorney could advise best, but your question remains open for a week. This is a difficult situation, because it involves family and could involve a closer look at the basis of your occupancy, which could possibly be open to interpretation, instead of a clear-cut landlord tenant... View More

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2 Answers | Asked in Real Estate Law, Landlord - Tenant and Insurance Defense for Ohio on
Q: Liability for neighbor's tree falling on rental property in Ohio?

I own a rental property and there is a neighbor's tree that is hanging over my property. I've sent a letter to the neighbor about the situation but have not received a response. In the past, a small branch fell, and despite being informed, no action was taken by the neighbor. I have... View More

Kelly A Rochotte
Kelly A Rochotte
answered on Apr 10, 2025

If a tree (or limb) from a neighboring property falls and causes damage—whether to the structure, yard, or a tenant's personal property, liability usually depends on whether the neighbor was negligent. That means if the tree was healthy and fell due to a storm or "Act of God" (high... View More

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1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Ohio on
Q: How to tell if Life Insurance company is being truthful when they say beneficiary was changed when I was the beneficiary

I have an insurance policy document that my mother took out in 1976 with myself listed as the beneficiary. When I inquired with the company they said that I was not listed as the beneficiary even though I have document indicating that.

Then they said that the "beneficiary might have... View More

Tim Akpinar
Tim Akpinar
answered on Mar 7, 2025

An Ohio attorney could advise best, but your question remains open for a month. What the insurance carrier is telling you about the beneficiary possibly changing could be true. They don't really have an incentive to lie about who a beneficiary is - they make payment one way or the other, based... View More

2 Answers | Asked in Business Law, Contracts, Insurance Defense and Personal Injury for Ohio on
Q: Am I liable for fence damage at a motorsport event, or does insurance cover it?

I was participating in a racing/motorsport event where I accidentally hit a fence with my car, causing property damage. I assumed the event organizer's insurance would cover the fence, as organizers typically have to carry an insurance policy to rent a track. However, I don't recall... View More

Tim Akpinar
Tim Akpinar
answered on Jun 30, 2025

An Ohio attorney could advise best, but your question remains open for a week. You're correct; they're probably insured for such losses. But still, you would need to check with their terms and conditions for entrants, either in their paperwork or in their announced rules - even if you... View More

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2 Answers | Asked in Car Accidents, Insurance Defense and Personal Injury for Ohio on
Q: Will medical bills be deducted from uninsured motorist settlement in Ohio?

I was involved in a car accident last year where the other driver was uninsured. I have uninsured motorist coverage and filed a claim, which includes compensation for pain and suffering and lost wages. Although I'm not currently receiving treatment, I incurred about $5,000 in medical bills due... View More

Tim Akpinar
Tim Akpinar
answered on Jun 25, 2025

An Ohio attorney could advise best, but your question remains open for over a week. You could check your policy to learn what its provisions are for medical expenses. I believe Ohio is a not a no-fault state - in such situations, there could be med pay-type arrangements. Until you are able to... View More

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1 Answer | Asked in Car Accidents, Consumer Law, Insurance Defense and Personal Injury for Ohio on
Q: Will medical bills come out of my settlement after Ohio car accident?

I was involved in a car accident that was not my fault, and the other driver was uninsured. I have been receiving chiropractic treatment and am still negotiating the settlement. I have car insurance, but I'm unsure whether my medical bills will need to be paid from the settlement. Can someone... View More

James L. Arrasmith
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answered on Jun 17, 2025

If you were hit by an uninsured driver in Ohio, and you're now in settlement negotiations, it’s important to know that your medical bills typically will come out of your settlement. When your insurance pays for your care under uninsured motorist coverage or medical payments (MedPay), they... View More

1 Answer | Asked in Traffic Tickets and Insurance Defense for Ohio on
Q: Do I need a lawyer for a failure to control citation with property damage in Ohio?

I was cited for failure to control my vehicle, resulting in damage to a drainage ditch and a mailbox. My insurance company has received a claim related to these damages, and this citation would be the only points on my driving record. Do I need to hire a lawyer for this situation?

James L. Arrasmith
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answered on Jun 11, 2025

You don’t have to hire a lawyer just to answer a failure-to-control ticket in Ohio. That violation is treated as a minor moving offense—usually two points on your record—and most people handle it themselves by appearing at arraignment.

If you want to challenge the citation, you can...
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1 Answer | Asked in Car Accidents, Consumer Law, Insurance Defense and Personal Injury for Ohio on
Q: Compensation for loss of use and inconvenience due to delayed rental car after accident.

Hi, someone hit my parked car in front of my house on May 24th, and I wasn't in the vehicle at the time. The insurance company has accepted liability and is providing me with a rental car. However, due to the holiday weekend, the rental place is closed, leaving me without a vehicle for three... View More

James L. Arrasmith
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answered on Jun 1, 2025

That’s an incredibly frustrating situation, especially when you’re not at fault and your daily plans get disrupted. When the other party’s insurance accepts liability, they’re typically required to cover the *loss of use* of your vehicle, even if you don’t rent a car. That means you may... View More

1 Answer | Asked in Car Accidents, Consumer Law, Insurance Defense and Personal Injury for Ohio on
Q: Can I cancel auto repairs and keep the insurance check in Ohio?

I was involved in an accident in Ohio, and a third-party claim was filed through the at-fault driver's insurance company. After taking my car to a body shop, I received a check for the repair estimate but later realized it was made out to both me and the body shop. Currently, the necessary... View More

James L. Arrasmith
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answered on May 14, 2025

You're not alone in facing this kind of situation—many people find their plans changing after a claim is processed. Since the insurance check is made out to both you and the body shop, you can't cash or deposit it without the shop’s endorsement. This means you’ll need to communicate... View More

1 Answer | Asked in Car Accidents, Consumer Law, Insurance Defense and Personal Injury for Ohio on
Q: How to ensure a fair settlement for a totaled 2004 Honda Pilot with low miles?

I own a 2004 Honda Pilot with 99,000 miles, and it was recently totaled when another driver rear-ended it. The insurance company is offering a settlement based on car comparisons that have 2-3 times more miles than mine, which seems unfair. What can I do to ensure I get a fair settlement?

James L. Arrasmith
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answered on May 14, 2025

You’re right to question a settlement that doesn’t reflect the true condition and value of your vehicle. A 2004 Honda Pilot with only 99,000 miles is well below average mileage for its age, and that should be factored into the value. If the insurance company is comparing your car to others with... View More

1 Answer | Asked in Business Law and Insurance Defense for Ohio on
Q: Is a theater in Ohio required to have liability insurance?

Is a movie theater in Cleveland, Ohio, required to have general liability insurance by law, and are there specific regulations that apply to this requirement?

James L. Arrasmith
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answered on Apr 13, 2025

In Ohio, there is no statewide law specifically requiring movie theaters to carry general liability insurance. However, theaters, like other businesses, are strongly encouraged to have liability coverage to protect themselves from potential claims related to accidents or injuries that may occur on... View More

2 Answers | Asked in Insurance Defense, Contracts and Personal Injury for Ohio on
Q: Friend spent insurance check meant for car repairs after accident. What to do?

My dad allowed his friend to borrow his vehicle under his permissive use insurance, and the friend got into an accident. The insurance company issued a check for the repairs, but the friend spent the money on themselves instead of paying the body shop. The vehicle is now fixed but held by the shop... View More

Tim Akpinar
Tim Akpinar
answered on Mar 30, 2025

An Ohio attorney could advise best, but your question remains open for over a week. This question could be as much a personal matter as it is a legal matter, as it could depend on the friendship. If you were not able to resolve in a friendly manner through your friend and checked with an Ohio... View More

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1 Answer | Asked in Insurance Defense for Ohio on
Q: Insurance totaled out a lien free vehicle they want to tow it to an out of town salvage yard, i want to keep it what

Can I refuse to let them tow it

Tim Akpinar
Tim Akpinar
answered on Jan 14, 2025

An Ohio attorney could advise best, but your question remains open for two weeks. As a general rule, if the owner wants to keep the vehicle, that usually needs to be arranged and agreed upon with the property damage adjuster beforehand - the carrier's PD figure will usually reflect an offset... View More

1 Answer | Asked in Insurance Defense and Car Accidents for Ohio on
Q: My vehicle was totaled by insurance company, it has no lien i want to keep it, why does the insurance company to tow it

They want to take it to a salvage yard out of town they haven't made an offer yet but I don't intend to get rid of it so why can't they asses it locally

Is it still legally mine

Tim Akpinar
Tim Akpinar
answered on Jan 5, 2025

An Ohio attorney could advise best, but your question remains open for a week. Did you discuss a salvage figure with the insurance carrier? They may have one figure for your PD check if they take the vehicle (higher figure), and another if you keep it. If you surrender title, it usually becomes... View More

2 Answers | Asked in Insurance Bad Faith and Insurance Defense for Ohio on
Q: Why would multiple home auto and healthcare insurance agencies contact me in one single day with no prior contact?
Tim Akpinar
Tim Akpinar
answered on Jan 1, 2025

An Ohio attorney could advise best, but your question remains open for two weeks. It's possible that the terms and conditions for a service/subscription/purchase/other transaction that you recently entered into contained provisions for sharing your info with third parties... unless it's... View More

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1 Answer | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Ohio on
Q: If my son was driving his girlfriends moms car and gets in an accident whose insurance pays?
Tim Akpinar
Tim Akpinar
answered on Jul 16, 2024

An Ohio attorney could advise best, but your question remains open for a week. It would depend on the policy of your son's girlfriend's mom's car, and a number of other factors. There are a number of different combinations here, depending on who was at fault, the respective... View More

1 Answer | Asked in Insurance Bad Faith, Insurance Defense and Animal / Dog Law for Ohio on
Q: Seeking advice on a Pet Insurance Claim. My policy covers Congenital Heart Disease. A defect occurring at birth.

My policy w/MetLife started the day I brought my Rottweiler home at 8 wks.Comprehensive Wellness & Accident & Illness.No heart murmur was heard at the 6wk check w/her breeder.I took her to her first wellness visit A heart murmur was noted but no real concern as murmurs are very common in... View More

Nicholas P. Weiss
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answered on Oct 25, 2023

You may have a claim for bad-faith insurance coverage against met-life for refusing coverage. This can result in hefty punitive damages and attorney fees for refusing to reasonably provide insurance coverage.

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