Disclaimer: This article is for informational purposes and does not constitute legal advice. Consult an attorney for personalized guidance.
After a car accident in Ohio, you can pursue vehicle damage and bodily injury claims separately. This process ensures you recover the full value of your repair costs without affecting your injury settlement.
Detailed Answer
In Ohio, you separate vehicle damage claims (property damage) from bodily injury claims by following these steps:
1. Review Your Insurance Coverage
Check if you have first-party property damage coverage under your policy (often called collision or uninsured motorist property damage coverage, ORC § 4509.101). If you caused the damage, you also file against the at-fault driver’s liability property damage coverage.
2. Gather Evidence
Take photos of the damage, obtain a written repair estimate, keep rental car receipts, and save all correspondence.
3. File a Property Damage Claim
Send a claim to either your insurer (for first-party coverage) or the at-fault driver’s insurer. Ohio law requires insurers to promptly acknowledge claims and handle them in good faith (ORC § 1345.21).
4. Send a Formal Demand Letter
Itemize the damage costs and attach supporting documents. Send the letter by certified mail to the insurer or at-fault driver. Ohio’s statute of limitations for property damage claims is two years from the date of the accident (ORC § 2305.10).
5. Negotiate or Escalate the Claim
The insurer typically responds with an offer. Negotiate by discussing line items. If you cannot settle, prepare to file a lawsuit.
6. File a Lawsuit in Small Claims or Civil Court
For claims up to $6,000, file in small claims (municipal or county court). Pay the filing fee, draft a complaint, and serve the defendant. For amounts over $6,000, file in county civil court.
7. Attend Mediation or Trial
Ohio courts often require mediation before trial. If no resolution emerges, present evidence at trial and seek a judgment.
8. Enforce the Judgment
If the court awards damages, use post-judgment tools (garnishment, lien) to collect.
Helpful Hints
- Keep digital and hard-copy records of all estimates, receipts, and correspondence.
- Photograph damage from multiple angles immediately after the accident.
- Note all deadlines: statute of limitations and policy notice requirements.
- Get at least two repair estimates to support your demand.
- Consider hiring an appraiser if the insurer undervalues your claim.
- Attend mediation in person to demonstrate seriousness.
- Consult a local attorney if negotiations stall or the claim exceeds small claims limits.