Ohio Car Accident Settlement Process and Timeline

Most of us will get into a car accident at some point. Nobody teaches us what to do after a car crash when we learn to drive. If you don't take the proper steps after the collision, you may jeopardize your chances of receiving compensation for your personal injuries.

If your car accident lawyer can prove the other driver was negligent, you will have a valid personal injury claim. You can sue the at-fault driver if the insurance company refuses to pay your accident claim.

Regardless of how you pursue your claim, there's a good chance you'll settle your auto accident claim. Nobody wants to go to trial because they're time-consuming and expensive. It's often in everyone's best interests to negotiate a fair settlement.

Here, we'll explain the car accident settlement process in Ohio. We'll also discuss the timeline of most personal injury lawsuits. If you still have questions about your car accident case, contact an experienced Ohio personal injury lawyer.

Do I Need to Report a Car Accident in Ohio?

Technically, Ohio law doesn't require you to report all accidents. But, the reporting requirements are rather strict. It's not worth risking fines or a criminal charge for failure to report a crash.

According to Ohio Revised Code Section § 5502.11, you must report the accident within five days if any of the following are true:

• Any of the drivers, passengers, or third parties suffer serious bodily injury or death
• There is more than $1,000 in property damage

One reason to err on the side of caution is that you can't know exactly how much property damage there is or the severity of the accident victims' physical injuries. So file an accident report anyway.

The law may also require that you file a Crash Report with the Bureau of Motor Vehicles (BMV). By law, you must file this report within six months of the accident date in the following situations:

• Anybody at the accident scene suffers a personal injury
• There is more than $400 in property damage
• The liable party doesn't have car insurance

Ohio Car Insurance Laws

Ohio Revised Code § 4509.51 requires drivers to carry liability car insurance to help pay for injuries and property damage from a car accident. Driving a motor vehicle without insurance or other proof of financial responsibility (FR) is illegal.

Drivers in Ohio must maintain the following insurance coverage thresholds:

• $25,000 coverage for one person who suffers bodily injury in a single accident
• $50,000 coverage for all persons who suffer a car accident injury
• $25,000 for property damage

Like many other states, Ohio is an at-fault car insurance state, meaning the at-fault driver is responsible for all losses and damages. So, if someone crashes into your vehicle, you can file an insurance claim under your insurance policy or with the other driver's insurance company.

If your total damages exceed the driver's policy limits, the policyholder will be liable for paying any damages the insurance company doesn't cover.

How Do Car Accident Settlements Work in Ohio?

Once you file your insurance claim, the adjuster evaluates it. They either approve it, deny it, or offer partial payment. In some cases, the adjuster makes a settlement offer immediately.

If you believe the settlement offer is fair, you may be eager to accept it. They will ask you to sign a settlement agreement. You should never do this until you show it to an Ohio car accident attorney. They'll ensure the agreement is fair and the insurance company isn't exploiting you.

You can file an appeal if the settlement amount is not a fair offer. If the claims supervisor denies your appeal, you can file a written complaint with the Ohio Department of Insurance. The Department will determine whether the insurance carrier acted unreasonably.

Many car accident cases don't settle until you file a personal injury case. You can't sue the insurance company directly. You'll need to sue the other driver in court. Legally, the other driver's insurance carrier has to represent them in court.

Your personal injury attorney will try to negotiate a settlement with the insurance company or their attorneys. Your claim may be quite large, depending on the extent of your injuries. The insurance adjuster will have an incentive to settle for as little as possible. Rather than risk losing at trial, they may be eager to discuss a settlement with your lawyer.

What Is the Average Car Accident Settlement in Ohio?

No formula determines the amount of your car accident settlement. It depends on several factors. It also depends on the insurance company.

Some of the factors that may impact your settlement include:

• Whether you suffer serious injuries
• Whether you were partially at fault for the crash
• The damage to your vehicle
• The other driver's policy limits

You must demand damages when you file your claim (or personal injury lawsuit). Depending on the nature and extent of your injuries, you may receive the following:

• Medical expenses. You can demand compensation for any medical bills you incurred
• Future medical care. If you need more medical treatment in the future, you can demand compensation
• Lost wage. If you miss time from work or cannot work going forward, you can ask for fair compensation
• Pain and suffering. These non-economic damages compensate you for any physical and mental anguish you suffer

When you get your settlement check, you'll have to reimburse your health insurance carrier for any medical bills they paid. You'll also have to pay any other outstanding bills related to your accident. For example, if you still owe the mechanic money for fixing your car, you must pay them using your settlement proceeds.

How Long Do I Have to File a Car Accident Lawsuit in Ohio?

According to the Ohio statute of limitations, you have two years from the date of your accident to file your claim. If you don't file your lawsuit before the statute period expires, you'll lose your right to file a legal claim.

Consult a car accident attorney as soon as possible after the crash. They'll ensure that you file your car accident claim soon and fight to get you as much money as possible in the shortest amount of time.

Let an Attorney Help with the Ohio Car Accident Settlement Process

The Ohio car accident settlement process can be intimidating. While you have every right to handle your claim, meet with an Ohio accident attorney for legal advice.