A car crash is a sudden and unexpected event that can leave you shaken and unsure of what to do next. But the steps you take in the moments and days after a car accident can set the tone for everything that follows. Knowing what to do after a car crash can protect your health and ensure a successful resolution to your claim for compensation. The car accident injury attorneys at Robenalt Law have decades of combined experience representing people and families injured in car crashes throughout Ohio and are committed to providing honest and forthright legal advice and representation to our clients.
Here’s what to do after a car accident in Ohio:
1. Get Medical Help First
Knowing what to do after a car accident in Ohio can be overwhelming. But your first priority should be your health. Injuries suffered in a car accident can be severe, and seeking medical attention should be your first step. Even if you have no obvious signs of injuries or you believe they were minor, you should still seek medical attention promptly.
A traumatic event like a car crash can trigger the body’s fight-or-flight response, and the release of adrenaline and endorphins can mask the pain symptoms in the aftermath of an accident. In addition to protecting your health and well-being, a medical professional’s examination creates a record of your injuries that can support your claim for damages. Delays in seeking medical care create challenges in claims, and lead the insurance company to argue you are not as injured as you claim.
2. Contact the Police
Under ORC §4549.02, a driver involved in a motor vehicle accident on a public highway must stop and exchange their name and address with anyone injured in the accident, the driver of the other vehicle(s), and the police. Per ORC §4549.021, a similar duty applies to accidents that occur on private property like a parking lot.
Calling the police creates an official record of the accident that insurance companies and attorneys will rely on later. Ohio law requires that the investigating officer create a written report for any crash involving a fatality, an injury, or more than $1,000 in property damage.
When our car accident attorneys are hired to investigate personal injuries caused by an accident, one of the first items we request is the police report documenting the accident.
3. Exchange Information with the Other Driver
When it comes to knowing what to do after a car accident in Ohio, exchanging information with the other driver is one of the most important things a driver can do. Request the other driver’s name, contact information, license plate number, and insurance information, and provide the same information in return. This exchange of information is not just required under the law; missing even one piece of information can make the process of recovering compensation after a car accident much more difficult. We have seen car accident claims stall for weeks because of a single missing piece of information.
4. Document the Scene and Obtain Witness Information
If you are able and it is safe, do your best to document the scene of the accident. Use the camera on your phone to take pictures of the vehicles, any stop signs or traffic control devices, skid marks, road debris, and weather conditions.
Write down basic information about the accident, like the date and time, the location where the crash occurred, and any other basic facts about the accident.
If there were any witnesses, ask for their names and contact information. The description of an accident by an independent third party can help if the drivers disagree about what happened.
5. Watch What You Say, Especially to Insurance Companies
After a car accident, the other driver’s insurance company will likely want to speak with you to learn about your injuries and what happened. Avoid speaking to an insurance adjuster until you have met with an attorney. The insurance company is not on your side, and any statements you make could be used to reduce or completely bar your financial recovery.
Under Ohio’s modified comparative negligence statute, ORC §2315.33, a driver’s financial recovery is reduced by the percentage of fault attributed to them, up to 50%. Drivers found to be more than 50% at fault are barred from recovering financial compensation.
To protect yourself and your right to full compensation for your losses, try to stick to the facts rather than speculate about who was at fault. Be cautious about giving a recorded statement to an insurance company, even your own, until you have discussed the situation with an attorney.
6. Don’t Accept the First Settlement Offer
Some insurance adjusters will make a quick settlement offer. These offers are often for less than the full value of your claim, and some are even made in bad faith. If you are wondering what to do after a car accident in Ohio and simply accept a lowball offer to move on quickly, you will be barred from recovering any additional compensation, even if your injuries turn out to be more severe than you initially thought. It’s essential to have an attorney review any settlement offers received from the insurance company to ensure they reflect the full value of your claim.
7. Know Ohio’s Filing Deadline for Personal Injury Lawsuits
Unfortunately, some insurance companies delay, undervalue, or deny legitimate claims. Filing a lawsuit may be the only way to protect your rights and recover your full measure of compensation. Under ORC §2305.10, the deadline for filing most personal injury lawsuits is two years from the date of the accident, or, under ORC §2125.02, two years from the date of death in claims for wrongful death.
Two years may seem like a long time, but the filing deadline can pass quickly, especially if settlement discussions with the insurance company drag on longer than anticipated. An experienced Ohio personal injury attorney will know what deadlines apply in your case and track them carefully.
Call an Ohio Car Accident Attorney
Knowing what to do after a car accident in Ohio is crucial since the steps you take can shape how your claim for compensation unfolds. Getting medical help, calling the police, exchanging information with the other driver, documenting the scene, and being careful what you say to the insurance companies will help protect your right to compensation. But an experienced Ohio car accident attorney is what helps turn your claim into fair compensation.
Robenalt Law has offices in Cleveland and Columbus, and represents people who were seriously injured in car accidents throughout Ohio and nationwide. We handle car personal injury claims on a contingency fee, and your initial consultation is free and comes with no obligation. Call our Cleveland office at (216) 354-1911 or our Columbus office at (614) 321-8739 or contact us online to schedule a free, confidential, no-obligation appointment to discuss your situation and how we can help.
