What to Do When You Get in a Car Accident in Ohio: A Legal Guide

Car accidents happen suddenly and can instantly turn your life upside down. The aftermath is often stressful, leaving victims unsure of their next steps. Knowing what to do when you get in a car accident is crucial to safeguarding your legal rights, securing fair compensation, and ensuring a smooth recovery process. Ohio has specific laws governing accident claims, liability, and compensation, making it essential to understand your options. At Dyer, Garofalo, Mann & Schultz, we help car accident victims in Dayton navigate the legal complexities, ensuring they receive the justice and financial recovery they deserve after an accident.

Immediate Steps After a Car Accident: Ensuring Safety and Well-being

A car accident can be chaotic, but your safety and that of others should be your first priority. Follow these steps immediately after an accident:

• Check for injuries – After a collision, assess yourself, the passengers, and others involved for any visible or potential injuries. Some injuries, such as concussions or internal trauma, may not be immediately noticeable. If anyone is hurt, call 911 right away to request medical assistance. A medical professional should evaluate even minor symptoms like dizziness or pain, as delayed treatment could lead to complications. Seeking medical attention also creates documentation that may be critical for an insurance or legal claim.
• Move to a safe location – If possible and safe to do so, move your vehicle out of traffic to avoid creating further hazards. Staying in an active roadway can put you at risk of another collision. If the car is undrivable, turn on hazard lights and exit to a secure area, such as a sidewalk or shoulder. In multi-vehicle accidents, coordinate with other drivers to clear the roadway if feasible. Always prioritize personal safety over vehicle concerns—your well-being is the most important factor.
• Call the police – In Ohio, law enforcement must be contacted if the accident involves injuries, fatalities, or significant property damage. According to the Ohio Bureau of Motor Vehicles, officers will assess the scene, collect statements, and file an official accident report. This report can serve as crucial evidence for insurance claims or potential legal action. Even if damages appear minor, having an official record can prevent disputes over liability or compensation later. Be cooperative with officers but avoid speculating about fault.
• Turn on hazard lights – Activating your vehicle’s hazard lights immediately after an accident alerts approaching drivers that a hazard is present. This step is particularly critical in low-visibility conditions, such as nighttime or inclement weather. Place warning triangles or flares a safe distance behind your vehicle to warn traffic further if possible. 
• Do not admit fault – After an accident, emotions run high, and you may feel inclined to apologize or accept blame. However, avoid making statements that could be used against you in legal or insurance proceedings. Fault determination should be left to the authorities and insurance investigators.

What to Do When You Get in a Car Accident in Ohio

Documenting the Scene

Thorough documentation is key to building a strong case. Make sure to:

• Take clear photos – Capture damage to all vehicles, road conditions, traffic signals, and any visible injuries.
• Record accident details – Write down the time, location, and weather conditions, and briefly describe what happened.
• Obtain witness statements – If bystanders saw the accident, ask for their contact information and a summary of what they observed.

Exchanging Information and Reporting the Accident in Ohio

Exchanging details with the other driver is required under Ohio law. According to the Ohio Bureau of Motor Vehicles, you should collect:

• Name, phone number, and address of all involved parties—This information is essential for insurance claims and legal proceedings. Verify the details on the driver’s license or another form of identification to ensure accuracy. Take a picture to ensure clarity and avoid errors when filing a claim.
• Driver’s license and license plate numbers – The driver’s license confirms the identity of the other party involved in the accident, while the license plate number can help track down a driver if needed. This information is critical when dealing with hit-and-run incidents or disputes over vehicle ownership.
• Insurance provider and policy number – Every Ohio driver must carry auto insurance. Collecting the insurance company name and policy number allows you to initiate the claims process promptly. If the other driver is uninsured or underinsured, this information will determine how to proceed with your claim.
• Vehicle makes, model, and year – Documenting the other driver’s vehicle details provides additional identification and may be important when determining the extent of damages. Take photos of the car, including any visible damage, license plates, and unique identifiers such as bumper stickers or modifications.

Additionally, the Ohio Bureau of Motor Vehicles should be notified if an accident results in injury, death, or property damage exceeding $1,000. Reporting is a legal requirement in such cases, and failure to do so could result in penalties. A formal accident report helps establish an official record, which may be necessary when filing an insurance claim or pursuing legal action.

Navigating Insurance Claims After a Car Accident

Filing an insurance claim promptly is crucial. Here’s what you should do:

• Notify your insurance provider – Contact your insurance company immediately to report the accident. Provide essential details such as the crash’s date, time, and location, but avoid admitting fault or making speculative statements. Keep your responses factual and concise, as anything you say can be used to minimize your claim. 
• Request a copy of the police report – The police report serves as key evidence when filing your claim, as it contains official details regarding the accident, including statements from involved parties and any citations issued. Insurance companies heavily rely on this document to determine fault and assess damages. Request a copy from the law enforcement agency that responded to your accident. Reviewing the report can help you understand its contents and ensure accuracy.
• Keep all accident-related receipts – Maintaining thorough records of all accident-related expenses is essential for maximizing your claim. Keep receipts for medical treatments, prescription medications, vehicle repairs, towing services, and rental car costs. Document any out-of-pocket expenses, such as transportation to medical appointments or assistive devices needed due to injuries. Organizing these records can strengthen your case and provide clear proof of financial losses. 
• Be cautious with settlement offers – Insurance companies often propose quick settlements that may not fully cover your expenses. While it might be tempting to accept a fast payout, these initial offers are typically lower than what you may be entitled to. Before agreeing to any settlement, consult with an attorney who can evaluate whether the amount is fair. An experienced car accident lawyer can negotiate on your behalf, ensuring you receive compensation that accounts for medical bills, lost wages, future treatment, and pain and suffering. 

Understanding Ohio’s Fault Laws and How They Impact Your Claim

Ohio follows a comparative negligence rule, meaning:

• If you are less than 50% at fault, you can recover damages, but your percentage of fault reduces your compensation.
• If you are 50% or more at fault, you cannot recover damages from the other party.

Understanding your rights under these laws is essential for maximizing your claim.

Seeking Medical Attention and Documenting Injuries

Even if you feel fine, seeing a doctor is crucial after an accident. Some injuries, like whiplash or internal trauma, may not be immediately apparent. Keep thorough records of:

• Emergency room visits or doctor appointments.
• Prescriptions and treatments.
• Work absences due to injuries.

Medical documentation strengthens your case and ensures you receive proper compensation.

Protecting Your Legal Rights After a Car Accident

To protect your rights and build a strong case:

• Do not sign documents without legal review – Insurance companies often present settlement offers quickly after an accident, hoping to minimize their payouts. These agreements may contain clauses that prevent you from seeking further compensation, even if you discover additional injuries later. Always have a legal professional review any paperwork before signing to ensure you are not waiving important rights. A skilled attorney can help you evaluate whether the offer is fair and negotiate a better settlement if necessary.
• Avoid social media posts about the accident – Anything you share online can be used against you by insurance companies or opposing legal teams. Even a seemingly harmless post about feeling “fine” after the crash could be used to argue that your injuries are not serious. Photos, check-ins, or comments about the accident may also be misinterpreted and weaken your case. It is best to stay off social media until your claim is resolved, or at the very least, avoid discussing anything related to the accident, your injuries, or potential compensation.
• Consult a Dayton car accident attorney – Legal guidance is essential when dealing with insurance adjusters, settlement negotiations, and potential lawsuits. Without an attorney, you may be pressured into accepting a low settlement that does not cover your full damages, including medical bills, lost wages, and pain and suffering. 

Common Mistakes to Avoid After a Car Accident

Many accident victims make mistakes that jeopardize their claims. Avoid these common pitfalls:

Failing to Seek Medical Treatment Immediately

After an accident, adrenaline may mask injuries, making you feel fine. However, conditions like whiplash, internal bleeding, or concussions may not show symptoms until hours or even days later. Delaying medical care risks your health and can weaken your claim. Insurance companies may argue that your injuries were not serious or were unrelated to the accident. Seeking prompt medical attention ensures that injuries are properly diagnosed, treated, and documented, which is critical when seeking compensation.

Providing Recorded Statements to Insurance Companies

Insurance adjusters often request recorded statements soon after an accident. While they may seem friendly, their goal is to gather information that could reduce your payout. You may unintentionally say something that can be used against you, such as admitting partial fault or downplaying your injuries. Instead of giving a recorded statement right away, consult with an attorney. A car accident lawyer can help you navigate insurance communications to avoid jeopardizing your case while still providing the necessary details to move your claim forward.

Neglecting to Gather Sufficient Evidence

Evidence plays a key role in proving liability and securing fair compensation. Failing to collect photos, witness statements, and accident details can make it difficult to establish fault. At the accident scene, take clear photos of vehicle damage, road conditions, traffic signs, and any visible injuries. Get contact details from witnesses who saw the accident. Additionally, a copy of the police report should be obtained as it provides an official record of the incident. Proper documentation strengthens your case and minimizes disputes over fault and damages.

By avoiding these common mistakes, you can protect your rights and improve your chances of receiving fair compensation for your injuries and losses.

FAQs

What is the first thing you should do in a car accident?

Ensure your safety and call 911 immediately if there are any injuries, significant damage, or potential hazards at the scene. Move your vehicle to a safe location while waiting for emergency responders. Once you are safe, begin documenting the scene by taking photographs of the vehicles involved, road conditions, traffic signs, and any visible injuries. Obtain contact information from witnesses, as their statements may support your claim. Contact law enforcement to file an official accident report, as this document can be crucial for insurance claims and legal proceedings.

Should I file an insurance claim if I am not at fault?

Yes. Even if you’re not at fault, your insurance company can help you recover damages through subrogation. This process allows your insurer to seek reimbursement from the at-fault party’s insurance provider, ensuring you are not left covering costs for medical bills, vehicle repairs, or other expenses. Filing a claim promptly can help protect your rights and ensure you receive the compensation you deserve. However, it is important to be cautious when dealing with insurance adjusters and consult an attorney before providing any recorded statements or accepting a settlement offer.

Do you have to call the police after a minor car accident in Ohio?

It depends. If injuries, fatalities, or property damage exceed $1,000, you are legally required to report the accident to law enforcement in Ohio. Even if the damage seems minor, filing a report can help document the incident for insurance claims and potential legal disputes. A police report provides an official record of the accident, which can be crucial in determining liability. Additionally, some insurance companies require an official accident report before processing claims, so it is often beneficial to notify authorities even for seemingly minor collisions.

What is the procedure if you are in a car accident?

Check for injuries, call the police, exchange information, document the scene, and contact an attorney. Immediately after an accident, assess yourself and others for injuries and call 911 if medical attention is needed. Ensure your safety by moving to a secure location if possible. Contact law enforcement to file an official accident report, which can be vital for legal and insurance purposes. Exchange necessary details with the other driver and gather evidence, including photos and witness statements. Finally, consult with an experienced attorney to protect your rights and navigate potential legal claims effectively.

Contacting a Dayton Car Accident Attorney

Having legal representation after an Ohio car accident can elevate the outcome of your case. Not only is dealing with insurance claims, medical bills, and legal proceedings exhausting, but an experienced attorney can help make sure you receive the full compensation that you deserve. At Dyer, Garofalo, Mann & Schultz, our skilled lawyers advocate for accident victims, represent them in negotiations with insurance companies, and even litigation if needed. Control your case — do not allow an accident to control your future. Contact us at 1.937.222.2222 for a free consultation, and together, we can help you begin again!

Call a car accident lawyer today:

• Dayton car accident lawyers
• Cincinnati car accident lawyers

Doug Mann

Before establishing Dyer, Garofalo, Mann & Schultz L.P.A., Doug Mann, a top Ohio Injury Attorney served as a bodily injury claims adjuster at a major insurance firm. With over 40+ years of experience, Doug’s background has proven invaluable in securing maximum cash settlements for his clients swiftly. Since leaving the insurance industry, Doug has devoted his entire legal career to assisting injured clients during their times of greatest need.

• Super Lawyers Credentials
• Avvo Credentials
• Justia Credentials
• Facebook
• Twitter
• LinkedIn 
• YouTube