I live in Ohio.We were driving down a country road going to our house,when we saw in front of us some machinery coming towards us. They took up the entire road so we pulled off the road into a grassy ditch and stopped. The machinery continued coming at us and then passed us. When they passed us we got back on the road and continued home. We called the sheriff who came out and took a report about our car being sprayed with tar by the machinery. I went through my insurance company to fix the car,which to remove the tar and repair cost about $800.00. I had to pay $500.00 which was my deductible to get the car back. I had a rental car while our car was being repaired. My insurance company determined the Asphalt Co. was 100% at fault. Their insurance company said we were 100%at fault. I feel they were negligent by not having any signs up or warnings of any kind. My insurance company said this is going to arbitration and could take 90 days. Can I take the asphalt company to small claims court during this time? Do I just ask for my money back or do I try to get my insurance company money back? Can I include in the suit the filing fees and also get some sum of money for all time and frustration they have put me through by just not paying this due to their negligence? How much extra can I ask for?
I just got a call from the Village Clerk. He talked to the asphalt company,and they do not want to settle.Should I take the asphalt co. to small claims court or sit back,relax, and let the insurance co. go through arbitration?
I just got a call from the Village Clerk. He talked to the asphalt company,and they do not want to settle.Should I take the asphalt co. to small claims court or sit back,relax, and let the insurance co. go through arbitration?