Ohio Car Accident Laws: Know What Your Rights Are
If you’ve been in a car accident in Ohio—whether it happened on a busy Cincinnati street or a rural backroad—it’s important to understand the state’s at-fault insurance rules, minimum coverage requirements, and what to do next.
Below, we break down key aspects of Ohio car accident laws so that can be empowered to make informed decisions and protect your rights.
1. Is Ohio an “At-Fault” State?
- What It Means: Ohio follows an at-fault system (also called a “tort” system), where the driver who caused the accident is responsible for damages. This means if another driver is found to be at fault, equating to 50.1% or more, you can seek compensation from their insurance company—or them personally—for medical bills, vehicle damage, lost wages, pain and suffering, and other losses.
- Comparative Negligence Rule: Ohio uses a “modified comparative negligence” standard (Ohio Revised Code § 2315.33). If you’re found partially at fault for the accident, your compensation may be reduced by your percentage of fault. If you’re more than 50% at fault, you typically can’t recover damages from the other party.
2. What Car Insurance is Mandatory in Ohio?
- State Minimum Requirements: Under Ohio law (Ohio Revised Code § 4509.101), all drivers must carry at least the following coverage:
- $25,000 for bodily injury per person
- $50,000 for bodily injury per accident (if more than one person is injured)
- $25,000 for property damage per accident
- UM/UIM Coverage: Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage are not mandatory in Ohio, but they can be added to your policy. UM/UIM coverage can help protect you if the at-fault driver has no insurance or insufficient coverage.
- Why It Matters: If the at-fault driver only has the state minimum—and your damages exceed that amount—you may need to rely on your own UM/UIM policy or explore other legal avenues. If you do not currently have UM/UIM coverage on your auto policy, we strongly encourage you to obtain such.
- Medical Payments Coverage: Medical Payments coverage or ‘med-pay’ is an optional coverage on all Ohio policies. This coverage allows for your medical bills to be paid by your auto insurance company directly to your providers or as reimbursement to you for bills you paid associated with the accident.
3. Reporting the Car Accident and Obtaining the Crash Report
- When to Report: If the accident results in injury, death, or property damage exceeding $1,000, you should immediately report the crash to the local police or highway patrol. This ensures an official record is created. Make a note of which police department responds to the scene of your accident and always request the officer’s name, badge number, and Traffic Crash Report number.
- Obtaining the Report: You can request a copy of the crash report through the Ohio Department of Public Safety or the responding law enforcement agency. Insurance companies often use this report when evaluating claims, so it’s important to verify the accuracy of the details. If you notice any mistakes on the initial Traffic Crash Report, tell the law enforcement agency as soon as possible so that they may correct or add an Addendum to the report.
- Important for Passengers: If you are a passenger of a vehicle involved in an accident, often the officers will not include your information in the Traffic Crash Report. Go to the law enforcement agency that made the report and insist on it being included on the Traffic Crash Report for insurance purposes.
4. Statute of Limitations
- Time Limit: In Ohio, you generally have two years from the date of the accident to file a personal injury lawsuit (Ohio Revised Code § 2305.10). This means that if you do not settle your claim or file a lawsuit within the two-year window, you will be forever barred from bringing a claim.
- Why It Matters: Missing this deadline could prevent you from pursuing compensation altogether. Even if you’re negotiating an insurance claim, keep an eye on the clock to protect your right to file a lawsuit if necessary.
- Minors: The Statute of Limitations for minors is two years from the age of majority, meaning the 20th birthday for any injured minor. Parents may sign their minor children up under Ohio law, but the proceeds for most of the recovered money will be put into account for the child’s benefit upon their 18th birthday.
- Loss of Consortium: Parents can receive some monies, as parents of injured minors, under the Loss of Consortium laws; meaning that the law recognizes you suffered because of your child’s suffering and incurred monetary damages such as medical bills for your child. The Statute for LOC claims is identical to that of the minor child.
How To Deal With Car Insurance Companies
- Don’t Rush into Settlements: The at-fault driver’s insurer may offer a quick settlement. While it might seem tempting, especially if you’re facing medical bills, it may not fully cover your long-term costs. Once you settle your claim and sign a Release, you cannot go back to the at-fault company for more money even if you continue to have medical issues.
- Avoid Making Recorded Statements Alone: You have the right to consult an attorney before giving an official statement to any insurance adjuster. Statements can be used against you to reduce your claim. It is strongly advised that you do not give any recorded statements to insurance adjusters outside the presence of your attorney.
- Document Everything: Keep track of medical bills, vehicle repair estimates, lost wages, and any other accident-related expenses or losses.
- Photos: A picture truly is worth a thousand words when it comes to vehicular accidents. Take photos of any and all vehicles involved in the collision. Take photos of the street or intersection where the collision took place. Take photos of any and all injuries from their inception and throughout treatment.
- Driver Information: Regardless of whether there is a Traffic Crash Report or not, get the at-fault driver information at the scene, when possible. License plate numbers, VIN numbers (which can be found on the lower right side of windshields), driver name and address, driver’s license number, and insurance information are of great importance. If there are errors in the Traffic Crash Report, this will protect your claim down the line.
- Seek Immediate Medical Treatment: If you are injured in an accident or want to be checked out by a medical professional after an accident, do so as soon as practical. Delaying your medical treatment can have consequences for your insurance claim.
6. Why You May Need an Attorney
- Navigating Fault & Damages: Since Ohio is an at-fault state, proving who caused the accident can be complicated—especially if multiple vehicles are involved or if there’s a dispute over who is primarily responsible. Pulling camera footage, obtaining witness statements, and expert crash reconstruction are just a few of the things that an experienced attorney can help you do.
- Insurance Tactics: Adjusters are skilled at minimizing payouts. An experienced personal injury lawyer understands these tactics and can help you negotiate a fair settlement. You simply cannot know all of your rights and everything that you are entitled to without speaking to an experienced attorney.
- Time Consumption: After an accident, your only job should be to recover from your injuries. The gathering of all insurance information, medical records and bills, lien information, lost wages, photos and correspondence to and from the adjuster(s) is a very time-consuming process. Let an attorney handle those items while you are focusing on treatment and resuming your normal life.
- Litigation Option: If negotiations fail, you may need to file a lawsuit. Having legal representation from the start can streamline this process and strengthen your position. Many attorneys refuse to represent someone that is close to the Statute of Limitations and has been unrepresented during the pendency of their claim. We strongly recommend obtaining counsel from the onset of your accident to ensure optimal results.
Ohio Car Accident Insight from Postman Law
Our Cincinnati office has deep knowledge of Ohio’s car insurance and personal injury laws. Our attorneys have twenty years of experience in Ohio and Kentucky personal injury representation. Having an attorney who knows the local adjusters and attorneys, can recommend chiropractors and physicians to you, and understands the internal workings of the various judge’s courtrooms gives you a leg up against the insurance company.
We stand ready to guide you through the complexities of at-fault claims, comparative negligence, minor settlements, and any other legal hurdles you may face.
With additional locations in Chicago and Minneapolis, we bring a broad perspective and formidable experience to empower clients across multiple states. Our elite staff knows how to deal with a personal injury claim from inception to closure, ensuring that you always get the best outcome.
Contact Postman Law for a Free Consultation
If you’ve been in an Ohio car accident, don’t navigate the legal process alone. Call Postman Law today at 844-POSTMAN or fill out our online form to schedule a free consultation. We’ll listen to your story, explain your options, and help you fight for the compensation you deserve. We look forward to helping you through this difficult time.
Remember at Postman Law, we deliver results!
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. For specific guidance regarding your situation, consult a licensed attorney.
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