Even if you follow all applicable traffic laws and drive defensively, there is no guarantee you won’t be involved in a car accident at some point. Car accidents can be a scary experience for anyone. It’s essential to remain calm afterward and remember the Ohio car accident laws.
Understanding these rules protects your financial recovery. It also ensures you meet strict state reporting and filing deadlines.
You need to know your responsibilities and rights, which can improve your ability to file a claim later on. If you need legal assistance after a car accident, let our skilled Northwest car accident lawyers show you how we can help.
Your Responsibilities After an Accident
Understandably, you may feel overwhelmed after an accident and be unsure of what to do. Most importantly, you don’t want to leave the accident scene. If your injuries are not too severe and you can safely do so, get photos of vehicle damage, road conditions, and injuries. Get the contact information for any witnesses while you wait for the police to respond and prepare a report.
In an accident where your injuries are not severe enough to require transport by ambulance, you should seek medical care and report the claim to your insurance company right away. Many carriers have requirements that the claim be reported within a specific time frame.
What Do Ohio Car Accident Laws Require After an Accident?
Under Ohio law, drivers involved in a collision on a public road or highway generally must stop, remain at the scene, and provide identifying information required by law. Failing to stop after an accident can result in criminal charges.
If law enforcement investigates a crash involving a fatality, personal injury, or more than $1,000 in property damage, the investigating agency must submit a written crash report to the Ohio Department of Public Safety within five days.
What Are the Mandatory Minimum Insurance Requirements in Ohio?
Ohio requires every registered motor vehicle owner to maintain financial responsibility. Most motorists meet this rule through a personal auto liability insurance policy. According to the Ohio Bureau of Motor Vehicles, drivers must carry at least the following minimum liability limits:
- $25,000 for bodily injury or death of one person in any single crash;
- $50,000 for bodily injury or death of two or more persons in any single crash; and
- $25,000 for injury to or destruction of property of others in any single crash.
These baseline minimums are often referred to as 25/50/25 coverage. They frequently fall short in collisions involving severe trauma and extensive surgeries. When medical expenses are more than the at-fault driver’s policy limits, an injured person may have other potential sources of compensation, depending on the circumstances and available insurance coverage.
Does the Other Driver Have Insurance?
Determining whether the other driver has coverage is important. When you report your claim to your insurance carrier, they will file a report with the other party’s insurance. That insurance company will do a coverage investigation to determine whether coverage applies. Then, they will decide on liability.
If the other party does not have applicable liability coverage, you will want to pursue a claim through your own Uninsured Motorist (UM) coverage. Most policies offer UM/UIM coverage when you purchase insurance.
What Is UM/UIM Insurance Coverage?
Uninsured motorist (UM) coverage may protect you if the other driver has no insurance. Underinsured motorist (UIM) coverage may apply when the negligent driver’s insurance liability coverage is insufficient to cover your losses, subject to the terms of your policy and Ohio law.
Ohio insurers are permitted, but not required, to include UM and UIM coverage in automobile policies. Whether you have this protection depends on the coverage you purchased and the terms of your policy. Depending on the policy, UM/UIM coverage can provide compensation for covered bodily injury losses up to the applicable policy limits.
Proving Fault in an Ohio Collision
Proving fault against the other party is necessary before you recover any compensation. If multiple other vehicles were involved, the process could become even more complicated. To successfully prove negligence, you must show:
- The other party owed you a duty of care;
- They breached that duty;
- That breach caused your injuries; and
- You suffered damages as a result.
Duty, Breach, and Injuries
Every motorist owes a basic duty to operate their vehicle safely. They must also follow the rules of the road.
A driver breaches that duty when they engage in careless conduct such as speeding, running a red light, tailgating, or driving under the influence. In Ohio, distracted driving laws make using a handheld electronic device while behind the wheel a primary traffic offense, with limited exceptions. A violation may provide evidence relevant to negligence in an accident claim.
Your attorney can use your medical records to show that the other driver’s breach of duty caused your injuries. You should discuss what happened in the wreck with your doctor. Make sure you explain how your injuries affect every area of your life.
What If I’m Partially at Fault for the Car Accident?
Ohio car accident laws use a modified comparative negligence rule to resolve claims. This means that as long as you are not more than 50% at fault, you can still recover a portion of your damages. However, the amount will be reduced by your percentage of fault. That means if a jury finds you 20% at fault, you will receive 80% of your damages.
If a jury determines that your share of responsibility is 51% or higher, you may not collect any compensation from the other driver. Insurance carriers often attempt to assign unfair blame to injured people to avoid paying claims. This makes thorough evidence collection essential.
What Is the Statute of Limitations for Ohio Auto Accidents?
In Ohio, you generally have up to two years to file a lawsuit for injuries resulting from an auto accident. Ohio auto accident laws are strict about this deadline, called a “statute of limitations.” Failure to file within the specified time limit could result in you receiving no compensation at all.
The two-year clock generally starts on the date the crash occurs. Limited exceptions may pause this period, such as when the injured party is a minor or under a disability at the time of the collision.
If your claim involves a vehicle operated by a state or local government entity, administrative notice requirements, immunity and procedural issues, and filing deadlines may require action much sooner. Waiting too long to speak with an attorney may put your right to legal relief at risk.
When Insurance Companies Get Involved
When presenting a claim to the other party’s insurance company, remember that they are not on your side. Their main goal is to save money, and their loyalty is to their insured, not you. This means they may deny liability outright or offer you an amount that is far less than your claim is worth. You should never sign any documents or agree to a settlement amount without first talking with a knowledgeable attorney.
Insurance adjusters may ask for recorded statements to get answers that might damage your claim or inflate your percentage of fault. They may also try to pressure you into a quick settlement before you know the full extent of the medical treatments you need.
Having an attorney handle communications can help you respond to insurance requests and evaluate the value of your claim.
What Damages Can You Recover After a Crash?
If a negligent driver causes your injuries, Ohio law allows you to seek compensatory damages. These damages compensate you for losses caused by the accident. They fall into two main categories: economic damages and noneconomic damages.
What Are Economic Damages?
Economic damages are measurable financial losses resulting from the accident. They can include emergency room visits, surgery costs, prescription medications, and ongoing physical therapy. They also cover lost income, reduced future earning capacity, and vehicle repair or replacement expenses.
What Are Noneconomic Damages?
Noneconomic damages are intangible losses related to the physical and emotional impact of the collision. This can include physical pain, mental anguish, physical impairment, disfigurement, and loss of enjoyment of life.
Ohio places limits on noneconomic damages in many personal injury lawsuits. The cap is generally set at the greater of $250,000 or three times the plaintiff’s economic damages, up to a maximum of $350,000 for each plaintiff or a maximum of $500,000 for each occurrence.
Ohio removes these limits entirely for catastrophic injuries involving permanent and substantial physical deformities, loss of use of a limb or organ system, or permanent functional injuries that prevent self-care.
How Our Lawyers Can Help
Deciphering Ohio auto accident laws can be complicated. You need someone on your side who understands the claims process and the applicable laws. When you hire our Northwest Ohio car accident attorneys, we will handle your claim from start to finish, so you can concentrate on your recovery.
We will conduct an independent investigation, collect the necessary evidence, negotiate with the defendant’s insurance insurer, and keep an eye on the statute of limitations. If your case needs to be resolved through a trial, we have the experience and resources to make that happen. Don’t let your fear of the legal system keep you from pursuing the compensation you deserve.
Attorney Aaron Bensinger Can Help You Understand Ohio Car Accident Laws
At Bensinger Legal Services, Aaron Bensinger provides dedicated legal representation to accident victims across Northwest Ohio. Whether you were injured on I-75 near Lima or Findlay, or on local roadways in Elida, Shawnee, Perry County, Kenton, or Van Wert, we bring legal experience combined with responsive, local representation. We take the time to evaluate every detail of your accident and help you pursue compensation for your losses.
Contact Bensinger Legal Services today to schedule a consultation and learn more about how we can help you after an Ohio car accident. With our years of experience handling Ohio car accident claims, you can be sure we won’t let the insurance company push you into settling for less than your case is worth.
Legal References Used to Inform This Page
To ensure the accuracy and clarity of this page, we referenced official legal and other resources during the content development process:
Limits on noneconomic damages, Ohio Rev. Code § 2315.18.
Stopping after an accident on a public road or highway, Ohio Rev. Code § 4549.02.
Written report of motor vehicle accident, Ohio Rev. Code § 5502.11.
Minimum liability insurance coverage requirements, Ohio Bureau of Motor Vehicles.
Contributory fault effect on right to recover, Ohio Rev. Code § 2315.33.
Statute of limitations for personal injury cases, Ohio Rev. Code § 2305.10.
Aaron L. Bensinger is an Ohio attorney serving personal injury and civil litigation clients. He has extensive trial experience and makes client service is his primary focus. As a partner at Balyeat, Leahy, Daley, Miller & Bensinger, LLC, Aaron happily works in Lima, OH, and serves the entire Northwest region of the state and beyond.
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