Disclaimer: This article does not provide legal advice. It provides general information on Ohio law. For advice tailored to your situation, consult a licensed attorney.
1. Understand Ohio’s Notice Requirements
Under Ohio law, you must notify the at-fault party’s insurer of your claim promptly. R.C. 3937.18 requires you to give written notice “as soon as practicable” after the accident. Late notice can provide grounds for the insurer to deny or delay acceptance of liability.
2. Report the Accident to Police and Insurers
File an official police report at the scene or immediately afterward. The police report documents fault and key facts. Send a copy of that report, along with a written summary of the crash, to the at-fault driver’s insurer. Keep proof of mailing or delivery.
3. Preserve and Document Evidence
Gather and safely store all evidence related to the accident and your injuries:
- Photographs of vehicle damage, road conditions, and visible injuries
- Contact information for witnesses
- Medical records and bills
- Expert reports (e.g., accident reconstruction, medical opinions)
4. Seek Prompt Medical Treatment
See a doctor immediately, even if injuries seem minor. Timely medical records strengthen your claim and show causation between the crash and your injuries. Delays can provide insurers a reason to dispute liability or damages.
5. Draft a Detailed Demand Package
Once you reach maximum medical improvement, prepare a written demand for settlement. Include:
- A clear statement of fault with reference to the police report
- Comprehensive documentation of your injuries, treatment, and prognosis
- An itemized statement of economic damages (medical bills, lost wages) and a calculation of non-economic damages (pain and suffering)
- A deadline for response (typically 30 days)
6. Follow Up and Negotiate in Good Faith
Ohio law obligates insurers to acknowledge or deny your claim within a reasonable time. While no specific deadline exists beyond the initial notice requirement, R.C. 3937.19 encourages prompt insurer communications. If the insurer stalls or disputes liability, send polite written reminders and ask for the specific basis of any dispute.
7. Consider Filing Suit Before the Statute of Limitations
Ohio’s two-year statute of limitations for personal injury claims (R.C. 2305.10) begins on the date of the accident. If negotiations stall, file a lawsuit before the deadline to preserve your right to pursue liability formally.
Helpful Hints
- Keep duplicates of every document you send or receive.
- Use certified mail or courier with tracking for all correspondence.
- Maintain a written injury diary to record pain levels and daily impacts.
- Consult an experienced Ohio personal injury attorney early to review your demand package.
- Be polite but firm in all communications with the insurer.
- Don’t accept the insurer’s first offer without reviewing its adequacy.
- Document any refusals by the insurer to respond or investigate promptly.