Reporting a car accident in Ohio involves more than just calling 911. As personal injury lawyers, we’ve seen firsthand how the information you provide—or don’t provide—can significantly impact your claim. These crucial details can mean the difference between successfully winning compensation and being left to shoulder the financial burden of medical bills and car damages alone.
Read on as we dive into 4 hidden complexities you might not know about reporting a car accident in Ohio.
1. Exchange More Than Just Insurance Information
Besides exchanging insurance information with the other driver, be sure to also get their name, address, driver’s license number, phone number, and vehicle registration information.
If there were any witnesses, jot down their contact information as well. Their statements can help support your recounting of what happened and prove fault if the other driver disputes your claim.
2. Ohio’s Statutory Deadlines for Reporting Accidents
It’s not just about reporting the car accident—it’s about doing so quickly. In Ohio, you must report any car accident involving injuries, fatalities, or property damage over $1,000 to the police immediately. (That said, even in minor accidents, a police report can be key evidence for your claim.)
Additionally, Ohio law requires that you file a crash report with the Ohio Bureau of Motor Vehicles (BMV) within six months if the accident resulted in injury, death, or property damage over $400 and if no police report was filed at the scene. You can find form BVM 3303 here.
3. Know What to Tell Police
When speaking with the police at the scene, be concise and factual. Avoid admitting fault or speculating about what caused the crash. Stick to the facts of what happened and let the officers draw their own conclusions.
That said, if your police report contains errors or inaccuracies, this doesn’t mean you’re automatically at fault or unable to pursue a claim. You can dispute the report and provide additional evidence to support your version of events. Learn more here.
4. Think Before You Post
It’s natural to want to connect with friends and family after an accident, but remember: social media isn’t always a private space. Insurance adjusters are trained to dig up information online, and they may use your photos, comments, or even check-ins to try to undermine your claim—even if it has nothing to do with your accident.
As personal injury lawyers, we’ve seen firsthand how insurance companies will twist your words or use your posts to argue that your injuries aren’t as severe as you claim. For example, a photo of you smiling at a friend’s barbecue could be used to downplay your pain and suffering. Similarly, a casual comment about feeling ‘better’ could be twisted to suggest that your injuries are less severe than you’ve reported.
To protect your claim, it’s better to be safe than sorry. Try not to post anything related to your accident until your claim is resolved. This obviously includes details about the accident, your injuries, or your recovery process; but also think twice about posting photos of yourself out and about, attending social events, or engaging in any physical activities.
5. Ohio is a Comparative Fault State
In Ohio, determining fault in a car accident isn’t always black and white. The state follows a “modified comparative negligence” rule, meaning that if you were partially responsible for the accident, you could still recover compensation—as long as you’re not more than 50% at fault.
However, the amount will be reduced based on your percentage of fault. For example, if you’re found to be 30% at fault, your compensation will be reduced by 30%. If you’re found to be 51% or more at fault, you won’t be able to recover any compensation at all.
This is why reporting the accident to the authorities is so important. The stronger your evidence demonstrating the other driver’s negligence, the lower your percentage of fault will likely be, maximizing your potential compensation.
Remember, insurance companies will try to shift blame or downplay your injuries to reduce their payout. Level the playing field with an experienced personal injury attorney who knows their tactics and won’t back down until you get the justice and compensation you deserve.
At Slater & Zurz, we’re not just lawyers, we’re advocates for your well-being. We’ll use our experience to counter any attempts to minimize your claim and fight tirelessly on your behalf. Don’t face the insurance companies alone—contact us today at 330-762-0700 to schedule a free consultation.
Frequently Asked Questions
How long do you have to report an accident in Ohio?
You must report the accident to the police immediately if it resulted in injury, death, or property damage exceeding $1,000. For accidents involving property damage under $1,000, Ohio law requires you to report the accident within six months if no police report was filed at the scene.
You must also report the accident to the Ohio Bureau of Motor Vehicles (BMV) within six months if the accident resulted in injury, death, or property damage exceeding $400 and no police report was filed at the scene.
What should I do if I’m injured in a car accident and can’t report it immediately?
We understand that sometimes, the shock and pain of an accident can make it difficult to think clearly, let alone report the incident immediately. If you’re seriously injured, your health and safety come first. Once you’re in a stable condition, reach out to the police and your insurance company as soon as you can.
We know that even a slight delay can be worrisome, so we highly recommend consulting with an attorney to understand how this might affect your claim. Call us at 330-762-0700 to see how we can help.
Can I still file a claim if I didn’t get a police report at the scene?
Yes, you can still file a claim even without a police report. However, a police report serves as valuable evidence and can significantly strengthen your case. Slater & Zurz’s personal injury attorney can help you gather other evidence and navigate the claims process even without a police report.
How many points is a car accident in Ohio?
The number of points assessed for a car accident in Ohio varies depending on the specific violation that caused the accident and its severity. For example:
- Failure to control: 2 points
- Speeding: 2-4 points (depending on how much over the limit)
- Failure to yield: 3 points
- Reckless operation: 4 points
- Hit-and-run: 6 points
If you accumulate 12 or more points within two years, your driver’s license will be suspended.
Is Ohio a no-fault state for car accidents?
No, Ohio is an at-fault state for car accidents. This means that the driver who is at fault for the accident is responsible for paying for the damages of others involved in the collision, typically through their insurance coverage.
