Feeling overwhelmed and unsure of what to do after an accident is common. Do you have to call the police after an accident?
Depending on the severity of the accident, you might be required to call the police in Ohio. For example, if someone sustained injuries, you must report the accident.
Many drivers might hesitate to involve law enforcement, especially in seemingly minor collisions.
Though reporting an accident is sometimes a legal obligation, it’s also an important step in pursuing compensation for your damages.
The police report serves as an official record of the accident, providing essential details that can be pivotal in personal injury claims.
At Bensinger Legal Services, we understand the nuances of Ohio’s car accident laws. If you’re seeking guidance on handling the aftermath of a collision, an experienced Ohio car accident lawyer is here to guide you every step of the way.
Remember, even minor accidents can have significant implications, and it’s always better to be informed and prepared.
To learn more, please call our office at (419) 455-1410 to set up a consultation.
Key Points
- • Ohio law requires you to call the police if an accident involves any injury, a fatality, or property damage exceeding $1,000 — failing to report when required can result in a misdemeanor charge.
- • Even in minor accidents, calling the police is almost always the smarter move — injuries like whiplash and vehicle damage are often harder to assess at the scene than they appear in the moment.
- • A police report creates an official, objective record of the accident — without one, fault disputes become a he-said-she-said situation that can seriously hurt your insurance claim or legal case.
- • After a collision, document everything you can — photos of the scene, contact and insurance details from all parties, and witness information all become critical evidence for your claim.
- • Be careful what you say at the scene — avoid admitting fault or making statements that could be misinterpreted, and speak with an Ohio car accident attorney before discussing your injuries with any insurance adjuster.
Ohio Accident Reporting Laws
In Ohio, the law stipulates specific circumstances under which you are legally required to report an auto accident.
This requirement is not just a procedural formality but a legal obligation that could have significant implications if not adhered to. Failure to report an accident could lead to a misdemeanor charge.
You must call the police and file a report in Ohio if the accident results in:
- An injury necessitating medical attention,
- A fatality, or
- Property damage exceeding $1,000.
Additionally, certain cities and counties may have their own specific reporting requirements. If you have questions about the Ohio reporting laws, please get in touch with attorney Aaron Bensinger.
What If the Other Driver Leaves the Scene?
If the other driver flees after hitting you, that is a criminal offense in Ohio not just a civil one. Ohio law requires all drivers involved in a crash to stop, remain at the scene, and exchange information. Leaving without doing so is known as a “hit and run” and is prosecuted under Ohio Revised Code Section 4549.02 for crashes on public roads.
The penalties for leaving the scene depend on the severity of the crash:
- If the accident caused only property damage, leaving the scene is a first-degree misdemeanor.
- If the accident caused injury to another person, leaving the scene is a fifth-degree felony.
- If the accident caused serious physical harm and the driver knew it, the charge can escalate to a fourth-degree or third-degree felony.
- If the accident caused a death and the driver was aware of it, penalties can reach up to 8 years in prison.
It is important to note that hit and run charges are based on the act of leaving, not on who caused the crash. A driver can be completely innocent of causing the accident and still face criminal hit and run charges for failing to stop and provide information.
If you are the victim of a hit-and-run in Ohio, take these steps:
- Call 911 immediately and stay at the scene.
- Write down everything you remember about the other vehicle color, make, model, any portion of the license plate, and the direction it traveled.
- Take photos of your vehicle, any debris, and the surrounding area.
- Ask any bystanders or witnesses for their contact information.
- Note any nearby businesses, traffic cameras, or doorbell cameras that may have captured the crash.
Reporting the incident to police as quickly as possible gives law enforcement the best chance of locating the at-fault driver. Even if the driver is never found, a police report is essential for filing an uninsured motorist claim with your own insurance company.
Do You Have to Call Police After a Minor Car Accident?
You are not legally required to call the police for minor car accidents with no injuries and damage below $1,000. However, accurately assessing the extent of damage can be challenging at the scene, and unapparent injuries can emerge later.
Sometimes, people do not immediately feel soft tissue injuries, or they misjudge how much damage there is to a vehicle. Therefore, even in minor accidents, it’s wise to consider involving the police.
What to Do When Police Don’t Come to the Scene
Ohio law does not require police to respond to every accident. Officers are only required to come to the scene and file an official report when the crash resulted in an injury requiring medical care, a fatality, or property damage exceeding $1,000.
For minor crashes where police do not respond, you have two options:
Visit the local law enforcement agency directly. You can go to the nearest police station or sheriff’s office and report the crash in person. Some jurisdictions also allow you to file a report by phone or online.
File a BMV 3303 crash report yourself. If police did not respond and you were involved in a crash with an uninsured driver, Ohio Revised Code Section 4509.06 permits you or your insurance company to submit a BMV 3303 crash report directly to the Ohio Bureau of Motor Vehicles. Filing this report within 6 months of the accident can result in the suspension of the uninsured driver’s license if at least three identifying facts about that driver match BMV records.
Even when police don’t respond and no report is legally required, documenting the crash in writing protects you. If the other party later claims injuries or denies the accident happened, a self-filed report creates a dated record of what occurred.
What to Do Following an Accident in Ohio?
Following an accident, keeping a clear head and taking the proper steps are important. What you do immediately following a collision can impact your future claim.
Here’s a list of things to do if you’re involved in an Ohio auto accident:
- Ensure everyone is safe. First, check for injuries. If anyone is hurt, call 911 immediately. If possible, move your vehicle from the road to somewhere safe that won’t lead to another accident.
- Call the police. If you think the accident meets Ohio’s reporting criteria, call the police. If there are serious injuries, be sure to let the 911 operator know that emergency medical personnel are required.
- Document the scene. Take photos of the vehicles, road conditions, traffic signs, and injuries. These images can be crucial evidence for insurance claims or legal cases. However, do not risk further injury or put yourself in an unsafe situation to get these photos.
- Exchange information with all involved parties. Whether you call the police or not, swap contact and insurance details with all involved parties. Get their name, address, phone number, insurance company, policy number, driver’s license, and license plate number.
- Get witness contact information. If anyone stopped as a witness, get their contact information. Witness statements can be invaluable in determining fault and supporting your account of the accident.
- Seek timely medical attention. Even if you feel fine at the scene, some injuries, like whiplash, may not be immediately noticeable. See a doctor as soon as possible to verify you don’t have any severe injuries.
- Report the accident to your insurance company. Inform your insurer about the accident and provide them with all the necessary details.
- Consult an Ohio accident lawyer. An attorney at Bensinger Legal Services can help you understand your rights and options.
If the police do respond to the accident scene, be cautious of what you say when speaking to the officer. You don’t want to inadvertently say something that could be misconstrued as an admission of fault.
Contact our Ohio accident lawyers for a free consultation
Should You Always Call the Police After a Car Accident?
Even when you’re not legally obligated to contact the police, it’s always better to consider calling. There are some benefits to making that call.
The report generated by the responding officer provides an objective third-party account of the accident, which can be crucial in resolving outstanding liability disputes. Although the officer was not present for the accident, they will conduct an investigation and usually include thoughts on who is at fault.
Police documentation can help confirm accident-related damage to all vehicles. You don’t want to be blindsided by the other party weeks later who suddenly claims this was a severe accident. Unfortunately, fraudulent claims are always a concern. Between staged accidents and people who falsify damages after the fact, having a police report means you have proof of what really happened.
It’s easy to overlook details after an accident. Stress and emotions are running high, so some things may be forgotten. Having an officer respond to the scene means you have a thorough record of the accident.
While calling the police for every minor scrape may not be necessary, it’s generally advisable to error on the side of caution and involve law enforcement. It’s better to have called the police when you didn’t need to versus not reporting the accident when you should have.
What Does the Ohio Police Report Contain and How Do You Get a Copy?
When a law enforcement officer responds to a crash in Ohio, they complete an OH-1 Traffic Crash Report. This is the official state form used by all Ohio law enforcement agencies. The responding officer is required to forward the completed report to the Ohio Department of Public Safety within 5 days of the crash.
The OH-1 report typically contains:
- The date, time, and location of the crash
- The names, addresses, and license information of all drivers involved
- Vehicle descriptions and license plate numbers
- Insurance information for all parties
- A diagram of the crash scene and how the collision occurred
- The officer’s observations about contributing factors (weather, road conditions, speed, etc.)
- Any citations issued at the scene
- The officer’s assessment of which driver was at fault
How to get a copy of your Ohio crash report:
Once the report has been processed by the Ohio Department of Public Safety, you can request a copy through the ODPS website at publicsafety.ohio.gov. You can also request a copy directly from the law enforcement agency that responded to your crash in person or by mail. Processing can take several days to a few weeks depending on the agency.
Having a copy of the OH-1 report early is important. Your attorney and your insurance company will both use it as a primary reference when evaluating your claim.
What Happens if You Don’t Call the Police After an Accident?
If you don’t call the police after an accident in Ohio, there are potential consequences, especially if the accident falls within the reporting threshold.
Here are some key things to remember if you don’t report the accident:
- Lack of official record. Without a police report, you have no official record. That can make it more challenging to prove the circumstances of the collision or the extent of your damages.
- Insurance claim complications. Insurance companies often rely on police reports to assess claims. If you present any claims to your insurance company, your policy terms might require you to have a police report.
- Legal repercussions. Under Ohio law, failing to report an accident when required is a misdemeanor. You could face legal penalties, including fines or criminal charges.
- Disputes over fault. Without a police report, determining fault becomes a he-said-she-said scenario. If the other party claims injuries or damages not present at the scene, you will have a more challenging time proving your version of the accident.
While calling the police after a minor accident is not always legally required, doing so can provide crucial protection and support in your quest for compensation.
Frequently Asked Questions
Do you have to call the police after a car accident in Ohio?
It depends on the severity. Under Ohio law, you are legally required to call the police if the accident results in an injury requiring medical attention, a fatality, or property damage exceeding $1,000. For minor accidents below that threshold with no injuries, calling police is not legally required but it is still recommended, since injuries and damage can be harder to assess at the scene than they appear.
What is the penalty for not reporting a car accident in Ohio?
Failing to report an accident that meets Ohio’s reporting threshold is a misdemeanor under Ohio law. You could face fines or criminal charges. Beyond the legal penalty, failing to report can make it significantly harder to file an insurance claim or pursue compensation if disputes arise later.
What happens if the other driver leaves the scene of an accident in Ohio?
Leaving the scene of an accident is a criminal offense in Ohio known as hit and run, governed by Ohio Revised Code Section 4549.02. Penalties range from a first-degree misdemeanor for property damage only up to felony charges and potentially up to 8 years in prison if the crash caused serious injury or death. If you are the victim, call 911 immediately, document as much as you can about the other vehicle, and report the incident so you can pursue an uninsured motorist claim if the driver is not found.
What if police don’t respond to my accident in Ohio?
Ohio does not require police to respond to all accidents. If officers do not come to the scene, you can visit your local police station to file a report in person, or file a BMV 3303 report directly with the Ohio Bureau of Motor Vehicles particularly important if the other driver was uninsured.
How do I get a copy of my Ohio car accident police report?
Once processed, crash reports are available through the Ohio Department of Public Safety at publicsafety.ohio.gov, or directly from the law enforcement agency that responded to your accident. Processing typically takes several days to a few weeks. Your attorney can also request the report on your behalf.
Does calling the police at the scene protect me legally?
Yes, in several important ways. The police report creates an official dated record of the accident, the parties involved, and the damage present at the scene. It protects you against fraudulent claims made by the other party after the fact, supports your insurance claim, and establishes the foundation for a personal injury claim if your injuries turn out to be more serious than they first appeared.
You Don’t Have to Face This Alone. Speak With a Trusted Ohio Car Accident Lawyer for Free
If you have questions about whether you have to call the police after an accident in Ohio, please speak with attorney Aaron Bensinger.
At Bensinger Legal Services, we have years of experience dealing with Ohio auto accidents. Let us put our experience to work for you and help answer any questions you have.
Contact our office online or call (419) 455-1410 today to schedule a free consultation to learn more.
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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