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Gervelis Law Firm

Ohio Motor Vehicle Accident Claims Guide

People who are victims of motor vehicle collisions often face physical, emotional, and financial harm—and an uphill battle to secure compensation for medical bills, lost wages, pain and suffering, and other damages. Our firm handles all types of motor vehicle accident claims in Ohio, assisting victims by investigating their crashes, determining liability, calculating their short and long-term damages, and fighting for fair compensation from insurance companies

akron motorcycle accident lawyer

Legally Reviewed by:

Mark S. Gervelis, Esq.

Last Updated:

  • August 18, 2025

According to the Ohio State Highway Patrol, there were more than 250,000 motor vehicle accidents in the state in 2024. Almost 39,000 of those crashes caused injuries, and 1,077 were fatal . If you were involved in an accident that wasn’t your fault, this Ohio motor vehicle claims guide can assist you in understanding your rights.

It is essential to act quickly after a crash to preserve evidence and meet deadlines. At Gervelis Law Firm, we provide support for motor vehicle accident victims across Ohio and assist them through every phase of the insurance and legal processes.

Why Understanding the Claims Process for Motor Vehicle Accidents Matters

The time after an accident is stressful, and it is easy to make mistakes due to confusion or misinformation. Understanding the motor vehicle accident claims process can help you avoid potentially costly errors, such as missing critical deadlines or accepting a settlement that doesn’t cover all of your damages.

Insurance companies maximize profits by minimizing payouts. But if you know your rights, you can push back against the tactics insurance companies use to deny deserved compensation.

Ohio laws dictate deadlines for filing claims, whether you can collect damages if you were partially at fault, and other aspects of motor vehicle accident cases. Understanding these laws can make a significant difference in whether you receive fair compensation.

What Is the Motor Vehicle Accident Claims Process in Ohio?

After a motor vehicle accident in Ohio, you start with insurance claims. When another driver is at fault, you file a claim against their liability coverage first. You must send them the other driver’s information and the evidence you have to support your claim.

You may have to file with your own insurance company if you have remaining damages, and also send them evidence that backs up your request for damages. Be as thorough for this claim as you were against the other driver’s insurance. Even your insurance company doesn’t always have your best interests at heart.

An insurance claim isn’t a lawsuit. If you exhaust insurance options and have remaining damages or an insurer doesn’t offer a fair settlement, you can opt for litigation through the Ohio civil court system. A deeper understanding of the steps in insurance claims and how to transition to a lawsuit can help you avoid mistakes that cost you compensation.

How Do You Start a Car Accident Claim in Ohio?

Under Ohio Revised Code Section 4549.02, you must stop after an accident and share information with the other driver, any injured party, and the police. Call 911 to report your crash and receive assistance. Under Ohio Revised Code Section 5502.11, the police must file a crash report within five days if your collision resulted in property damage over $1,000, an injury, or a fatality. 

Notify your and the other party’s insurance company of the accident promptly so you don’t miss any deadlines. Collect documents such as police crash reports, photos and videos, repair estimates, and medical records to include as evidence. If the other driver doesn’t have insurance, file an Uninsured Accident Report within six months of the crash.

Accident victims sometimes can’t collect the information they need. We deploy our Rapid Investigation Team to our clients’ crash sites within 24 hours before weather or road crews destroy vital evidence. We also evaluate insurance claims and assist in filling in any gaps that could lead to denials or reduced benefits.

What Types of Insurance Claims Can You File After an Accident?

A first-party claim is one you make to your insurance company. When you file with another party’s insurer, it is a third-party claim. Ohio is an at-fault insurance state, so you seek compensation through a third-party claim when another driver caused your accident.

Drivers in Ohio must carry mandatory minimum liability insurance that covers medical bills, lost wages, loss of life benefits, and property damage in third-party claims. Some drivers carry more than the minimum liability coverage, increasing the amount you can receive in a claim.

The first-party claims you can make depend on the coverage you paid for. If the at-fault driver has no insurance or not enough, you file a claim against your uninsured or underinsured motorist coverage. You may also claim against your comprehensive, MedPay, or other coverage.

In some cases, you will collect from your policy while waiting for the resolution of your third-party claim. Your insurer will seek reimbursement if you receive damages for the same losses it covered.

How Do Insurance Companies Evaluate Your Accident Claim?

Insurance companies assign adjusters to investigate claims. They gather and analyze evidence such as crash reports, tickets issued, photos and videos, and witness and driver statements. For high-value claims, adjusters may even review your social media activity to find inconsistencies or reduce your damages.

The adjuster calculates your damages based on the medical bills, repair estimates, wage statements, and other documentation you provide. They also assign you a level of blame for the crash from 0 to 100%. This calculation affects whether you can collect benefits and how much. 

What Should You Say to Insurance Adjusters in Ohio?

Always be polite and straightforward with insurance adjusters. Dealing with them can be frustrating at times, but their decisions affect your financial future. If an adjuster finds you rude or abrupt, it may affect how they treat your claim, even subconsciously.

Have all of your documents, such as police reports and medical records, in order before talking to an insurance adjuster. Answering their questions confidently can add to your credibility. If you feel the insurer is actively looking for ways to minimize your damages, contact an attorney immediately.

What Should You Avoid Saying to Insurance Adjusters in Ohio?

Never agree to a recorded statement unless you have legal representation, and don’t discuss fault or injuries. Don’t apologize for the crash or speculate as to what caused it. Adjusters actively look for reasons to minimize claims. Saying you may have looked away for a second or you’re feeling fine may cost you compensation. Stick to the facts.

Stay calm, so you don’t agree to a settlement just to end the process. An experienced Ohio car accident attorney can speak to the insurance company for you and advise you whether an offer is fair.

Infographic on tips on communicating with insurance adjusters

What Compensation Can You Recover After a Vehicle Accident in Ohio?

After an Ohio motor vehicle accident, you may have the option to seek compensatory and punitive damages. Compensatory damages address your financial and emotional losses. Punitive damages are rare and meant to punish the other party.

Non-Economic Damages You Can Recover

It is not unusual for motor vehicle accident victims, especially those in severe crashes, to experience physical pain and emotional trauma. Damages you can seek to address this harm include:

  • Pain and suffering
  • Loss of consortium
  • Loss of quality of life
  • Emotional distress, such as post-traumatic stress disorder or anxiety

Economic Damages You Can Recover

The financial harm you experience after a car accident is reflected in the economic damages you pursue, including:

  • Medical bills and future treatment costs
  • Rehabilitation
  • Lost income and reduced earning capacity
  • Property damage
  • Use of a rental car

Other Potential Damages

Ohio allows people to seek punitive damages in injury claims when the other party acted fraudulently, with malicious intent, or with reckless indifference to others’ safety. You must prove they did so through clear and convincing evidence, which is beyond the standard of preponderance of the evidence required for compensatory damages.

If your loved one died in a motor vehicle accident that was someone else’s fault, you can file a wrongful death claim. Damages may include funeral costs, lost income, loss of support and guidance, and other compensation.

“It really depends on how long it takes for you to feel better and what kind of treatment you need for your injuries in order to determine the value of your case. There are caps on damages, but usually, we just focus on the policy limits. What we’re working with is the other driver’s insurance coverage, and then any additional insurance that we can find, too, whether that’s your own policy or a household policy. It’s a way to get more settlement money.” – Attorney Stephanie Mehle

What Are Some Common Reasons Insurers Deny or Undervalue Claims?

Knowing why insurers don’t pay benefits or offer less than claimants seek can help you avoid mistakes. Common reasons for denials or undervalued claims include:

  • Lapsed policy or lack of coverage
  • Incomplete paperwork
  • Lack of evidence
  • Filing after a deadline
  • A finding that you were partially or mostly at fault for your accident
  • A finding that your injuries aren’t as serious as you claim
  • Pre-existing conditions

If you believe that an insurer has unfairly denied your claim or offered you less than you deserve, reach out to an experienced Ohio motor vehicle accident claims attorney immediately.

What Should I Do After My Claim Is Denied?

The Ohio Department of Insurance suggests several steps to resolve disputes, including:

  • Appeal to the insurance company: You can file an appeal of a denial, a minimized claim, or an adjuster’s assignment of your percentage of fault for your crash.
  • File a formal complaint: You can reach the Department of Insurance Consumer Services hotline at 800-686-1526. It will advise you of your rights and how to proceed. 
  • Take legal action: If you cannot reach a fair resolution, ask your attorney to move forward with formal litigation to seek damages.

Our skilled attorneys evaluate cases for accident victims and determine the best path forward after a claims denial. We begin by reviewing obvious issues, such as a denial of benefits your policy offers and for which you have ample evidence. We will also investigate the insurance adjuster’s determination of how much fault you held in your crash. 

An improper fault determination that puts you at over 50% responsible for the crash means you cannot collect damages. A determination that you were 20% at fault for a collision instead of 10% would reduce your compensation by $10,000 if you had $100,000 in damages. Our attorneys recognize this common tactic to reduce or deny claims, and we fight back.

When Should You File a Personal Injury Lawsuit in Ohio?

Sometimes an insurance company won’t budge from a denial or a low settlement offer. Then it may be time to escalate from an insurance claim to a lawsuit. You may also choose litigation if an at-fault party doesn’t have insurance. 

It is best to file promptly. Under the Ohio personal injury statute of limitations, you have two years from the date of the accident to file a lawsuit. A judge will dismiss your claim if you file beyond the deadline. As you approach it, an insurer loses the incentive to settle fairly.

Reach out to an experienced attorney to handle various steps in your lawsuit, including:

  • Notifying the other party
  • Taking depositions from witnesses and other involved parties
  • Sharing evidence during the discovery process
  • Initiating or continuing settlement negotiations
  • Fighting in court if necessary

Choose an attorney with a history of success in claims involving car accidents, truck accidents, and motorcycle accidents so they can apply their breadth of experience to your case.

How Does Comparative Fault Work in Ohio Accident Claims?

Under Ohio’s modified comparative negligence law, you can collect damages unless you were more than 50% responsible for the crash. Your percentage of responsibility reduces your damages proportionately. For example, if you have $100,000 in damages and were 20% liable, you can collect $80,000

How Long Do Motor Vehicle Accident Claims Take To Settle in Ohio?

Every motor vehicle accident is unique, and several factors affect how long settlements take. In cases with severe injuries, medical treatment could take up to a year. It can take several months to investigate your accident claim, particularly if you need experts such as accident reconstructionists.

Overall, the severity of your injuries, the complexity of your accident, questions regarding liability, and the quality of your evidence affect how long your claim will take. Settlements in less severe accidents may take several months. Contested claims with severe injuries, a high potential payout, and competing evidence could take a year or more to resolve, longer if they go to trial.

How Can a Lawyer Help You With Your Claim?

After an accident, victims are often left injured, unable to work, and confused about what to do next. It only adds to their feeling of isolation when an insurance company seems to be working against paying a valid claim. 

You need an attorney who can do more than recite the law. Partner with one who will support you and your family during a tough time and is committed to getting justice and compensation on your behalf.

“It’s very important for us to be advocates and counselors for our clients and have that relationship where you can call us anytime, and we can walk you through the process to make you feel confident that you understand what’s going on at all times.” – Attorney Stephanie Mehle

Effective Communication Between Parties

One of the reasons to choose a local lawyer with a history of success is that they know how to communicate and negotiate effectively. You don’t have to worry about making a mistake when talking to an insurance adjuster or opposing counsel when you let a respected lawyer speak for you

Knowledge of Local and State Laws

Our firm has deep roots across several cities in Ohio. We understand the state’s laws and the factors that affect motor vehicle accident claims in different regions. We know dangerous intersections, local judges and attorneys, and may have previously dealt with the insurers evaluating your damages claims.

Help With No Upfront Cost

Finances are not a hurdle to securing award-winning legal representation. Our experienced personal injury lawyers offer free consultations and take cases on a contingency basis. We use our resources to thoroughly investigate your claim and seek damages, and you only pay us if you recover compensation.

Our attorneys take on the critical short and long-term tasks necessary to fight for fair compensation after an accident. That starts with personalized legal representation. We get to know our clients, and that drives the success you see in our case results and client testimonials praising our work. 

Contact Gervelis Law Firm today for a free consultation by calling 866-792-2728 or completing our online form.

Frequently Asked Questions About Ohio Car Accident Claims

Every car accident victim faces their own set of circumstances, and our knowledgeable lawyers are always ready to answer questions for them.

What if the At-Fault Driver Doesn't Have Insurance?

Optional coverage in your policy, such as uninsured motorist, collision, or MedPay, can help with damages after a crash with an uninsured or hit-and-run driver. You can file a lawsuit, but talk to an experienced attorney first to see if that is a viable option.

Yes, but not wearing your seatbelt may affect your compensation. An insurance company or jury may say you were partially at fault for your injuries and reduce your potential damages

You rarely have to go to court, as a majority of motor vehicle accident cases settle through negotiations with insurance companies before formal litigation. Others settle just before or during proceedings.

Ohio has a non-economic damages cap unless you have specific catastrophic injuries. The cap is the greater of $250,000 or three times your economic damages, up to $350,000.