Disclaimer: This article is for educational purposes and does not constitute legal advice. Consult a qualified attorney for advice tailored to your situation.
Detailed Answer
In Ohio, you can pursue compensation for vehicle damage independently of any bodily injury claim. Follow these steps to protect your rights and maximize recovery:
1. Document the Damage Immediately
After the collision, photograph all areas of damage from multiple angles. Note skid marks, debris, and environmental factors. Obtain a copy of the police report—the assigned crash report number and identifying officer details can strengthen your property damage claim.
2. Notify Your Insurer and the At-Fault Party’s Insurer
Promptly report the accident to both your insurer and the at-fault driver’s insurer. Ohio requires timely notice to process claims efficiently. Late notice can lead to delays or denials.
3. Secure Repair Estimates
Obtain at least two written estimates from certified repair shops. Include itemized lists of parts and labor. These estimates form the basis for your compensation amount.
4. Reserve Property Damage Rights When Settling Injury Claims
If you settle your bodily injury claim first, explicitly reserve your right to recover vehicle damage costs. Send a written reservation of rights to the insurer. Without this, a full injury settlement could be interpreted as releasing all related claims.
5. File a Property Damage Claim or Lawsuit
If negotiations stall or the insurer undervalues your loss, you may file suit in small claims court. Under Ohio Revised Code § 2305.10, you have one year from the accident date to bring a property damage action in court.
6. Understand Statute of Limitations for Bodily Injury
Bodily injury claims differ: you generally have two years to file under Ohio Revised Code § 2305.07. Track these separate deadlines to avoid waiving your rights.
Helpful Hints
- Keep all correspondence with insurers in writing and retain copies.
- Maintain a file of repair bills, rental car invoices, and damage photos.
- Request the police report number and officer’s name for easy reference.
- Ask about loss-of-use coverage for a rental car under your policy.
- Mark critical deadlines on your calendar to ensure timely filings.