Auto accidents are a significant part of all wrongful death and personal injury claims filed each year. Many people have questions about what the law requires of you should you find yourself the victim of an accident. Firstly, is important to try to remain calm. If there are injuries and you have not sustained any, you are required to stay with the victim until help arrives.
Once the police arrived they are required to fill out an accident report that details all of the information regarding the accident. This information is compiled from all the persons present. This report goes on your driving record regardless of fault. If the police are not called you have 24 hours to report the accident to the police whose jurisdiction the accident took place in. You must also exchange all pertinent information with the other driver as well as take photographs of the scene.
If there is an injury and/or property damage of at least $400, and the other party is uninsured or has insufficient financial responsibility coverage., then you will need to file a crash report with the Bureau of Motor Vehicles. The statute of limitations for filing a crash report is six months from the date of the accident. This report must contain your current insurance coverage. The BMV will cross reference the information you supplied with your insurance provider. If it is found you did not have sufficient liability insurance, your driver’s license may be revoked. Also report the accident to your insurance company as soon as possible.
Current statute of limitation laws are dependent upon the type of lawsuit you are wishing to file in court. For a personal injury case the victim has up to two years to file his or her lawsuit in a court of law. If you are only pursuing a claim with an insurance company, the statutes will not apply to your case. This is important to keep in mind because if you are having a hard time negotiating with the insurance company and there is still time to file a lawsuit, you may be able to use this to your advantage.
Comparative negligence states agree that each party involved in the accident shares in the blame. How does Ohio different from other states that uphold comparative fault laws? Ohio allows the victim who has the least amount of fault to recover damages from the party found mostly at fault. If your accident case gets to court this law will put a cap on how much you may be awarded by a judge or jury.
Helpful Resources for those Involved in an Accident:
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