ohio car accident statute of limitations

After a car accident, you may have filed a personal injury claim through an insurance company based on the other driver’s fault.

You may have assumed that the insurance coverage would provide you with adequate compensation for your injuries. But what if it doesn’t? What if the injuries you suffered continue to cause pain and disruption to your life, even months after the accident?

In this unfortunate scenario, you may consider filing a personal injury lawsuit against the at-fault driver. It’s essential to retain the services of a car accident attorney to ensure you don’t miss the statute of limitations for a car accident in Ohio.   

What Is a Statute of Limitations? 

The statute of limitations specifies the period of time in which you may file a claim or lawsuit for a particular action. The time allowed under a statute of limitations varies depending on the type of case. However, most statutes of limitations concern civil cases, like claims for personal injury, wrongful death, or contract violations.

The importance of a statute of limitations deadline cannot be understated. If you miss the period to file your lawsuit due to the expiration of the statute of limitations, you will most likely be barred from seeking recovery for your losses. 

What Is the Ohio Car Accident Statute of Limitations? 

The statute of limitations for a car accident in Ohio is two years from the accident date. While there is no specific Ohio car accident statute, Ohio Revised Code Section 2305.10 provides that the statute of limitations begins running on the accident date. Two years may seem like plenty of time to pursue a lawsuit against the at-fault party.

However, your injuries can cause you to lose the ability to work and other long-term effects, so you may have a lot of other things on your mind after an accident. It’s imperative to contact a personal injury attorney as soon as possible to move forward with your claim.

Missing your opportunity to seek compensation for a disruption to your life—one that was caused by the negligent actions of someone else—may be catastrophic to you and your family. Without the necessary financial support, you may find it challenging, if not nearly impossible, to heal physically and emotionally. 

Does the Statute of Limitations for a Car Accident in Ohio Stop Running When I File an Insurance Claim? 

It’s important to remember that filing a claim with an insurance company does not “toll” or temporarily pause the statute of limitations.

In other words, filing a claim with the insurance company does not mean you have preserved your right to file suit under the statute of limitations; making a claim and filing a lawsuit are different processes.

Some insurance adjusters may purposely extend negotiations to your detriment. Extended negotiations delay a settlement while, in the meantime, the statute of limitations for your car accident in Ohio may run out. Additionally, don’t think you should wait to file your lawsuit until your injuries heal.

In some situations, injuries resulting from car accidents last months and even years. If you wait for your injuries to resolve, the statute of limitations will likely run out, barring you from filing suit.

What Should I Do After an Accident?

The aftermath of a car accident represents a particularly traumatic experience. Time may go slow or fly past as you try to make sense of what just occurred. It’s easy to miss or forget details in the days following a car accident.

That’s why, if you’re able, you should try to record as much as you can in the minutes following a car accident. If possible, collect the following information: 

  • The other driver’s insurance information,
  • The other driver’s contact information, 
  • The names and contact information for any witnesses. 

Your personal injury attorney uses this basic information to gather the facts surrounding your case. When it comes to insurance adjusters, it’s best to wait until you’ve obtained legal representation to speak to them about your injuries or property damage.  

How Can an Attorney Help Me?

Aaron Bensinger is an Ohio attorney ready to help you. With extensive experience in the fields of personal injury and civil litigation, Aaron works tirelessly to represent your rights. He understands the financial and emotional stress you are under, and he works to obtain fair compensation on your behalf so you can focus on your recovery.

Aaron takes an aggressive approach with insurance companies and attorneys. He won’t hesitate to take your case to trial if the insurance company refuses to offer a fair settlement.

Understanding personal injury, including the statute of limitations for a car accident in Ohio, probably feels overwhelming. Remember, you don’t pay unless you recover, so contact us today for a free consultation to find out how we can help you. 

Author Photo

Aaron L. Bensinger

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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