What to Do After You Get Into an Auto Accident

In Ohio, one number determines whether your crash claim is worth anything.

Fifty-one.

That number refers to percentage of fault. If you are found 51 percent responsible for the crash, you recover nothing, not even a reduced award. At 50 percent, you can still collect half of what you proved. That sharp cutoff explains why the seemingly routine choices made during the first hour after an accident matter so much. It’s also why a personal injury claim could turn on something as trivial as a photograph no one thought to take.

Here’s what to do after you get into an auto accident, and how Ohio law treats the situation once the adrenaline fades.

The First Ten Minutes

First, check on everyone. If anyone might be injured, call 911.

Next, move the vehicles out of traffic—but only if they can still be driven and it’s safe to do so.

Stay at the scene; leaving it is a criminal matter in Ohio, separate from any action your insurer takes.

Start collecting evidence from the accident scene right away. Once the tow truck pulls the vehicles away, the scene is gone.

• Photograph the area: Get both vehicles from several angles, focusing on the damage, the intersection, traffic signals, skid marks, debris, current weather, and any obstruction that might have blocked a sight-line.
• Get the other driver’s information: This includes name, license, plate number, insurer, and policy number. Take photos of their documents.
• Find witnesses immediately: Bystanders will leave within minutes. One witness’s impartial account carries more weight than either driver’s account.
• Note the exact location: Look for mile markers, cross streets, and note your direction of travel.

One more thing: Don’t apologize at the scene. In Ohio, even a reflexive “I’m so sorry” in the moment can be quoted back to you as an admission of fault months later.

The Injuries that Show Up Later

Get examined at a health care facility the same day, even if you feel fine.

Adrenaline is a potent painkiller that floods your system during an auto accident. It can numb pain from whiplash, soft-tissue damage, concussions, and internal bleeding for as long as two days. But then the flood recedes, and the pain comes back to the surface. This is why you can walk away from a crash on Saturday feeling lucky and unharmed, only to find you can’t turn your head by Monday morning.

Meanwhile, every day between the crash and your first medical appointment gives the insurer more certainty that your injury happened somewhere else. The gap-in-treatment argument is a cheap one, but insurance adjusters use it constantly. Don’t give them the opening.

It’s just as important to stick to your treatment plan. Missed follow ups and physical therapy sessions could appear in the records as evidence you’re faking it.

Reports, Adjusters, and the Recorded Statement

Ask officers for the accident report number before they leave the scene. The police report is an independent record of what happened, the people involved, any citations issued, and a diagram of the scene. Insurers rely on the accident report as a starting point, even if it does not make the final determination of fault.

Promptly report the crash to your own insurer. Your auto policy requires this. So waiting could jeopardize your coverage.

The other driver’s insurance company is another matter. Their adjuster might call quickly, sounding like a long-lost friend. They’ll ask you to give a recorded statement. In general, you don’t have to provide this to the other side’s insurance carrier. If you do give the statement, you’ll be answering questions on tape for a company whose job is to pay you less.

Stick to the facts you know if you give a statement. Tell them where and when the crash happened. Don’t go into who you think was at fault or how you’re feeling.

The Ohio Rules That Decide What Your Claim Is Worth

Three provisions determine how your automobile accident claim will go.

1. Comparative negligence: Under Ohio Revised Code 2315.33, your recovery gets reduced in proportion to your share of fault. If your fault exceeds everyone else’s combined (51 percent), you recover nothing. This is why adjusters will try to stick you with some percentage of blame from the start.
2. The deadline: Ohio gives you two years from the day of the crash to file a lawsuit for bodily injury. Two years can sound generous, but it can shorten quickly during ongoing treatment and dragged-out settlement negotiations.
3. Uninsured Motorist (UM) coverage: Ohio does not require insurers to offer uninsured or underinsured motorist coverage. That requirement went away in 2001. Still, many Ohioans assume they’re automatically covered if the other driver in a crash has too little coverage or none at all. Not so. If the driver who hit you had no insurance, that single line in your policy will determine whether you have any claim at all.

Pull out your policy and check your declarations page if you’re not certain of your coverage. Do it today.

Why Mediation Can Happen Earlier Than Expected

Most claims settle. The real question is how much it costs to get there.

Personal injury mediation brings both sides to a neutral third party with no stake in the result and no patience for posturing. The process is private and moves considerably faster than a lawsuit trial docket. It also gives you a sense of how strong your case really is in the eyes of someone with no stake in the matter.

Mediation only works when there is some basis for it. A mediator cannot create leverage that the file doesn’t support. This is why evidence collected right after a crash is so important.

Troutman & Judge, LLC Has Seen This Claim From Both Sides

A crash claim often turns on percentages, deadlines, and policy wording. Most people don’t see these things until they’re injured and missing work. None of it is intuitive, and it won’t wait.

Troutman & Judge brings more than five decades of combined litigation experience to this problem. They’ve even represented insurance companies, and this perspective can be useful when you’re later arguing against one. Our attorneys have led nationwide class actions and complex litigation for injured people and public entities. Shawn Judge is also a trained mediator who can give a sense of when a case should be taken to the settlement table and when it should go before a jury.

If a crash injured you, speak with an attorney before giving a statement or signing anything.