Detailed Answer
Short answer: After another driver runs a stop sign and hits your car in Ohio, you should secure medical care, preserve evidence, notify your insurance company, gather documentation (police report, photos, witness statements), submit a demand to the at-fault driver’s insurer, and—if the insurer won’t pay fair compensation—file a lawsuit within the state’s personal-injury statute of limitations. This article explains each step and how Ohio law (including the two-year filing deadline and comparative-fault rules) affects your claim.
1. Safety and immediate actions at the scene
- Call 911 for medical help and police. An official crash report is one of your strongest pieces of evidence.
- Move to safety if possible. Take photos of vehicles, damage, skid marks, traffic signs (including the stop sign), road conditions, and your injuries.
- Collect contact, license, insurance, and vehicle information from the other driver. Get names and phone numbers of witnesses.
- Do not admit fault. Briefly exchange facts with police and the other driver but avoid detailed statements about blame.
2. Seek medical care and document injuries
Always prioritize medical evaluation, even if injuries seem minor at first. Some injuries (e.g., whiplash, internal injuries) show up later. Keep all medical records, imaging, bills, prescription receipts, and notes about symptoms and recovery. These documents form the backbone of your damages claim.
3. Preserve and collect evidence
- Police crash report: Request and save a copy. It often lists officer impressions and citations.
- Photos and video: Save original image files and videos from the scene, dashcams, or nearby traffic cameras.
- Witness statements: Get names, contact info, and short written or recorded statements if possible.
- Vehicle repair estimates and billing: Keep all estimates, invoices, and receipts.
4. Notify your insurance and the at-fault driver’s insurer
Report the crash to your insurer as required by your policy. You must also expect contact from the other driver’s insurer. Be factual and concise. Do not give recorded statements or sign releases without consulting counsel if injuries are significant. Keep copies of all written communications.
5. Building and presenting your claim
Your claim generally seeks compensation for:
- Economic damages: medical expenses, lost wages, vehicle repair or replacement, and other out-of-pocket costs.
- Non-economic damages: pain, suffering, emotional distress, and loss of enjoyment of life.
Start by preparing a demand package: a clear statement of what happened, a summary of medical treatment, bills, repair estimates, witness contact information, photos, the police report, and a specific dollar demand. Send this to the at-fault driver’s insurer with a deadline for response.
6. Ohio deadlines: statute of limitations
In Ohio, the main deadline for filing most personal injury lawsuits is two years from the date of injury. See Ohio Rev. Code § 2305.10 for the statutory rule: Ohio Rev. Code § 2305.10. If you do not file suit before this deadline, a court will likely dismiss your case and you will lose the right to recover in court.
7. Comparative fault in Ohio
Ohio applies a modified comparative-fault rule. If you are partially at fault, your recoverable damages are reduced by your percentage of fault. If you are 51% or more at fault, you cannot recover any damages. This rule is described in Ohio law: Ohio Rev. Code § 2315.19.
8. When negotiation fails: filing suit
If negotiations with the insurer do not produce fair compensation, you may file a civil lawsuit in the appropriate Ohio court before the statute of limitations expires. Litigation typically includes pleadings, discovery (document requests, depositions), settlement negotiations, and possibly a trial. Court rules and procedures vary by county and court level, so an attorney can advise where and how to file.
9. How an attorney can help
- Evaluate liability and damages and estimate settlement value.
- Handle communications with insurers to protect your rights.
- Obtain evidence (subpoenas for traffic camera footage, cell-phone records, expert reconstruction) you may not be able to get alone.
- Prepare and file suit if needed and represent you at trial or mediation.
10. Practical tips about costs and timelines
Many personal injury attorneys in Ohio work on a contingency-fee basis (they are paid a percentage of what you recover). Expect the process to take from a few months (for small, quickly settled claims) to a year or more if the case goes to trial. Complex cases involving severe injuries or disputes about fault take longer.
Important: This article provides an explanation of the typical steps and relevant Ohio law, not legal advice. If your injuries are significant or liability is contested, consult a qualified Ohio attorney promptly to protect your rights.
Helpful Hints
- Get medical care immediately; document everything related to your injuries.
- Obtain the police crash report as soon as possible and keep a digital copy.
- Take clear photos of the entire scene, vehicle positions, damage, and traffic controls (stop sign placement and visibility).
- Write a short, dated diary about symptoms, pain levels, and how injuries affect daily life—this helps prove non-economic losses.
- Preserve phone videos and dashcam footage; don’t delete messages or call logs connected to the crash.
- Do not accept the first low settlement offer without itemizing future medical needs and lost wages—insurers often start low.
- Be mindful of the two-year deadline under Ohio law: see Ohio Rev. Code § 2305.10 (link).
- If you may share some fault, remember Ohio’s comparative-fault rule can reduce or bar recovery depending on your percentage of fault (see Ohio Rev. Code § 2315.19: link).
- If you’re unsure how to proceed, schedule a consultation with an Ohio personal-injury attorney before signing releases or giving recorded statements.
Disclaimer: This is general information about Ohio law and is not legal advice. I am not a lawyer. For advice tailored to your situation, consult a licensed Ohio attorney.