at-fault driver wants to pay out of pocket

You’ve been in a car accident in Ohio, and the other driver is at fault.

But here’s the twist: they don’t want to involve insurance companies. Instead, the at-fault driver wants to pay out of pocket.

It seems like a convenient way to handle things, but is it the best option for you?

Our experienced Ohio auto accident lawyers at Bensinger Legal Services can help you understand the potential problems that can come up when you settle a car accident without involving insurance.

Call (419) 455-1410 or contact us online today for a free consultation.

Why Would the Other Driver Offer to Pay Cash?

So, the other driver wants to pay cash instead of going through insurance. It’s understandable to wonder why they’d do that. Usually, it comes down to wanting to protect themselves. Maybe they’ve had accidents in the past and don’t want their insurance rates to go up.

Or perhaps they don’t have enough insurance—or any insurance at all. Sometimes, they might want to avoid the hassle and think offering cash will make the whole thing disappear.

But here’s the thing: while their reasons might seem reasonable, accepting cash could leave you with unexpected expenses later on.

Should You Accept Cash for a Car Accident?

It’s easy to see why you may be tempted by a cash offer after a car accident. It seems so much easier than dealing with insurance companies.

However, should you accept cash for a car accident? While it may seem convenient, it might not be in your best interest for several reasons.

Unexpected Costs

Sometimes, the damage to your car or injuries from the accident may be more serious than they first appear. A sore neck could become a medical issue requiring ongoing treatment, or hidden damage to your car could lead to expensive repairs. That initial cash offer might only cover some of these costs, leaving you to pay out of pocket.

No Official Record

If you don’t file a police report or make an insurance claim, there won’t be a formal record of the accident. This can become problematic if the other driver changes their story or doesn’t pay for everything they initially promised. Without documentation, holding them accountable or seeking compensation for additional expenses is much harder.

Losing Your Right to Fair Compensation 

Accepting a cash payment may also limit your ability to recover more compensation if your costs turn out to be higher than expected. Once you agree to a cash settlement, it can be tough to go back and ask for more money later, even if your expenses increase.

Before you make a decision, speak with Bensinger Legal Services. We can help you understand the risks involved and protect your rights so you don’t end up paying for costs that should have been taken care of by the at-fault driver.

Is it Illegal to Pay Out of Pocket for a Car Accident?

After an accident, the at-fault driver might offer to pay for damages out of pocket instead of involving insurance. But is it illegal to pay out of pocket for a car accident?

It’s not illegal, but Ohio has specific requirements for reporting accidents and insurance coverage. Drivers in the Buckeye state must carry insurance covering damages they might cause.

The minimum coverage includes:

  • $25,000 for injuries to one person,
  • $50,000 for injuries to multiple people, and
  • $25,000 for property damage in an accident.

If the at-fault driver offers cash instead of filing an insurance claim, they could be trying to keep their premiums from increasing, or they might not have enough insurance. While their offer might sound like a way to avoid delays, it could leave you in a difficult position if their payment doesn’t cover all the expenses.

Medical bills, car repairs, and other costs often add up to more than expected, and once you’ve accepted payment, it may be hard to go back and ask for more.

Another issue to consider is the lack of documentation. Ohio law requires accidents to be reported to the police when injuries or property damage exceeds a certain amount. Filing a report creates an official record of what happened, which can protect you if disagreements come up later.

Without this documentation, the at-fault driver might deny what happened or refuse to cover additional costs that arise after the fact.

Even though private payments aren’t against the law, having proper records and following the process ensures access to all the protections Ohio law provides, giving you a stronger foundation to recover the costs of your injuries and damages.

How to Protect Yourself When the At-Fault Driver Offers to Pay Cash

If you’re in this situation, it’s important to take the following steps:

  • Document the scene. Take photos of the vehicles, the damage, and the surrounding area. Get the other driver’s contact and insurance information, and write down the names of any witnesses.
  • Call the police. Even if the at-fault driver doesn’t want you to, filing a police report creates an official record of the accident, which can protect you if disputes arise later.
  • See a doctor. Injuries aren’t always apparent right after an accident. A medical evaluation can identify issues you may not feel yet and create documentation of your condition.
  • Talk to an attorney before accepting payment. An attorney can review the situation and help you understand the potential impact of accepting cash. They can also guide you on how to proceed if the payment doesn’t match what you’re owed.

Contact Us Today

If the at-fault driver wants to pay out of pocket, don’t make a decision without understanding your options. Contact Bensinger Legal Services to get answers to your questions and guidance you can rely on. We have extensive experience with auto accidents and expertise in handling insurance claims.

Call (419) 455-1410 or reach out online for a free consultation. Let’s work together to help you get back on track after your accident by getting the compensation you deserve.

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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