Your Insurer Reversed Fault After an Ohio Crash, and Now You're Asked for the Other Driver's Deductible: What You Owe

Attorney Answer

An insurer's fault decision is its own claim decision, not a court ruling. If your insurer, as your liability carrier, accepted fault on your behalf, her deductible is part of her damage, and covered damage is ordinarily what your liability coverage pays, not you personally. Ask in writing who is asking you to pay, and under what. If she is demanding it from you directly, it is a claim she would have to prove, and her recorded admission of fault is evidence against her.

What the fault decision is. An insurer decides fault for itself when it handles a claim. A court deciding a lawsuit makes its own finding, comparing each driver's fault under Ohio Rev. Code § 2315.33:

The contributory fault of a person does not bar the person as plaintiff from recovering damages that have directly and proximately resulted from the tortious conduct of one or more other persons, if the contributory fault of the plaintiff was not greater than the combined tortious conduct of all other persons from whom the plaintiff seeks recovery in this action and of all other persons from whom the plaintiff does not seek recovery in this action. The court shall diminish any compensatory damages recoverable by the plaintiff by an amount that is proportionately equal to the percentage of tortious conduct of the plaintiff as determined pursuant to section 2315.34 of the Revised Code.

Her admission. Under Ohio Evidence Rule 801(D)(2), a party's own statement can be offered against that party. If your insurer recorded her admitting fault, that statement would be evidence against her in a dispute between the two of you.

Who is asking you to pay. If your insurer accepted her claim under your liability coverage, ask it why a covered amount is being passed to you; your policy's terms and limits decide that. If the request comes from her or her side directly, nothing is owed until she proves you caused the crash.

Your own losses. If you believe she caused the crash, you can still pursue her for losses you were not paid for, within two years of the crash under Ohio Rev. Code § 2305.10(A).

If you think your own insurer is handling a claim unfairly, you can file a complaint with the Ohio Department of Insurance. Insurers' claim-settlement standards are in Ohio Adm.Code 3901-1-54.

What you can do

1. Ask your insurer in writing who is asking you to pay the deductible, under which part of your policy, and why it reversed its fault decision.

2. Ask it to note her recorded admission in your file.

3. Do not pay a direct demand until you have that answer.

4. If she or her side sues you, send the papers to your insurer and answer by the deadline.

5. Even if you are handling this yourself, you would be best served by a brief phone consultation with a local Ohio attorney before you act. Most lawyers offer a short initial call at no cost, and a few minutes on your specific facts — and on how your court actually handles this — is worth more than any general guidance, including this page.

⏱ Time limits apply. Two years from the crash for any lawsuit over it under Ohio Rev. Code § 2305.10(A).