Knowing what to do after a car accident that’s not your fault is essential to your health and building a claim for damages. Ohio is an at-fault car insurance state, so the evidence you collect and other steps you take can mean a substantial difference in compensation.
In addition to pursuing damages from the other party’s insurance coverage, you may be eligible to file a personal injury lawsuit. An experienced car accident attorney can advise you on the best ways to seek compensation for all your harm.
Steps To Take Following a Car Accident
Addressing your safety and health comes first after a car accident. Other actions help preserve evidence for an insurance claim or lawsuit. The following are the steps you should take following an accident:
- Move to a safe area out of the street if possible.
- Call 911 and report the accident.
- Exchange insurance and contact information with others involved in the accident.
- Take pictures and videos of the accident scene, including the road conditions.
- Get contact information and statements from any eyewitnesses.
- Do not admit fault or apologize for the accident to anyone.
- Seek medical care, even if you believe you weren’t injured. Some injuries are not immediately apparent.
- Follow up on all medical treatment recommended by your doctor.
- Keep all medical documents and other crash- and injury-related information.
- Keep a journal documenting your damages, particularly pain and emotional trauma.
- Consult an experienced personal injury law firm as soon as possible.
What Legal Action Can I Take Following a Car Accident That Wasn't My Fault?
State laws determine legal and other actions to take following a car accident. Some states have no-fault insurance laws, so drivers turn to their policies first for damages such as medical bills and lost wages. However, Ohio is an at-fault car insurance state, so the driver liable for the crash is responsible for paying damages. Collect as much evidence as possible before filing a claim with the other party’s insurance company.
You can file a claim with the at-fault driver’s insurance company to recover your economic and non-economic damages. If the insurer fails or refuses to cover the full amount of your damages, you can file a personal injury lawsuit against the driver. If your loved one was a passenger in your vehicle and the accident wasn’t your fault, you might be eligible to pursue a wrongful death claim for your losses.
How To Prove Fault in a Car Accident
Proving fault is the most crucial step toward getting compensation following a car accident. While you can collect some evidence on your own, it’s wise to partner with an experienced attorney to help build your case. They have the resources and background in similar claims to prove liability and establish your damages.
Sources of evidence your attorney will gather to build your case include the following:
- Accident scene photographs
- Video footage
- Police reports
- Witness statements
- Damage that indicates how the vehicles collided
- Accident reconstructions
- Proof of a defective vehicle part, such as faulty brakes
- Road maintenance records
A skilled lawyer can also tell you if more than one party is at fault for your crash. A vehicle manufacturer may hold some or all liability. A government entity may also be responsible if poorly maintained roads contributed to your crash.
How To Deal With the Other Party Involved
Under Ohio Revised Code Section 4549.02, you must stop after an accident and exchange information with the other driver and the police. Only do so if you feel safe. If the other driver is agitated, wait for the police to arrive. Do not return to your vehicle for documents if traffic conditions are dangerous or vehicle damage can harm you.
Be polite, but don’t talk to the other driver about what caused the accident. Do not admit fault or apologize. You may say something that points to your liability or diminishes theirs. Don’t mention your potential injuries. You may downplay them and hurt your case.
Seek legal representation before talking to the other driver’s insurance adjusters. They may try to get you to admit fault, accept a low settlement, or claim you don’t have a case. Experienced car accident lawyers know insurance company tactics and how to manage them.
What Happens if I'm Injured in the Accident?
If you have been injured in an accident, seek immediate medical attention. If you don’t receive emergency care, make an appointment with your doctor. Adrenaline following an accident can mask the symptoms of an injury. You may also have a medical problem that doesn’t present immediately, such as internal bleeding. If left untreated, bleeding and other injuries can be life-threatening.
Do not ignore injuries to your mental health. It isn’t easy to get over a not-at-fault car accident, and there is no shame in seeking mental health treatment.
Speak with an experienced attorney who can help you file a claim with the at-fault driver’s insurance company. In an ideal world, insurance companies wouldn’t fight a claim if you were injured in a car accident that wasn’t your fault. However, insurance companies are businesses driven by their bottom lines. You’ll likely need someone to stand up for you when insurance adjusters deny your claim or try to minimize your losses.
What Compensation Can I Seek?
In Ohio, you can seek economic and non-economic damages in a car accident claim. Economic damages cover your financial losses. Non-economic damages compensate you for the more subjective impacts on your life. Damages you can seek include:
- Medical expenses, including current and future costs of doctor and hospital visits, prescriptions, tests, and surgeries
- Rehabilitation costs from a facility or in your home if medically necessary
- At-home care costs, such as nursing or an aide
- Lost wages, including lost future earning capacity
- Cost of modifying your vehicle or home to accommodate your injuries
- Vehicle damage, including replacement if your car is totaled
- Pain and suffering based on the severity of your injuries and how they have affected you
- Emotional trauma, such as loss of consortium and mental anguish
- Funeral and burial costs and other damages in a wrongful death car accident case
A judge may award punitive damages in limited instances. These damages are reserved for cases involving malice or egregious misconduct. Ohio courts have ruled that a conscious disregard for safety satisfies the standard for punitive damages.
What if I'm Partially at Fault?
Ohio’s comparative negligence law dictates that you can collect damages if you aren’t more than 50 percent responsible for your accident and injuries. Your percentage of fault reduces your compensation. For example, if you have $100,000 in damages and are 20 percent at fault, you can collect $80,000.
The other driver’s insurance limits may affect how much you can collect in a claim. An experienced attorney can advise you on seeking additional compensation so your accident doesn’t leave you in a challenging financial position.
How Can a Car Accident Lawyer Help Even if It Wasn’t Your Fault?
Don’t try to go it alone. Get a lawyer for a car accident that wasn’t your fault so they can use their legal skills and experience in similar claims to help pursue fair compensation through insurance claims or a personal injury lawsuit. Our award-winning attorneys have decades of combined experience handling car accident claims and always put our clients’ needs first.
When you’re in an accident, we take action—fast. Contact Gervelis Law Firm today for a free consultation by calling 866-792-2728 or completing our online contact form.
