Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
This guide focuses on car accident law as it applies in Columbus, Ohio. Car accident law covers the legal rules that determine who is responsible for injuries and property damage after a crash, how insurance claims are handled, and what legal remedies are available if you are injured or suffer losses. In Columbus, as in the rest of Ohio, most motor vehicle injury and damage claims are resolved through insurance claims and, when necessary, civil lawsuits in state court. The rules below describe the most relevant legal concepts, typical procedures after a crash, and practical steps to protect your legal rights.
Not everyone who is in a car accident needs a lawyer. However, there are common situations in which legal help is important to protect your recovery and prevent mistakes that could reduce or bar compensation. People typically seek a lawyer if any of the following apply:
- The crash caused serious or catastrophic injury, permanent impairment, disfigurement, or death.
- Liability or fault is unclear, disputed, or shared among drivers and other parties.
- There are multiple liable parties, such as other drivers, commercial vehicles, municipalities, or manufacturers.
- You face a claim involving uninsured or underinsured motorists and your own policy limits are insufficient.
- The insurance company denies, delays, or undervalues your claim or engages in bad faith practices.
- You need help calculating and proving non-economic losses like pain and suffering and loss of consortium.
- The claim involves loss of income, future wage loss, medical liens, or complex medical causation and prognosis issues.
- You are considering a settlement and want an experienced evaluation before signing a release.
- The statute of limitations or other legal deadlines may affect your rights.
Below are key aspects of Ohio and Columbus law that commonly affect car accident claims. This overview highlights rules that frequently matter in practice, but it is not exhaustive.
- Fault-based insurance system - Ohio is an at-fault state. The driver who is legally responsible for causing a crash is generally liable for resulting bodily injury and property damage.
- Minimum insurance requirements - Ohio requires drivers to carry minimum liability coverage. The standard minimum amounts commonly encountered are $25,000 per person for bodily injury, $50,000 per accident for bodily injury, and $25,000 for property damage. Drivers can and often do carry higher limits. Ohio also permits uninsured and underinsured motorist coverages which you can purchase or decline in writing.
- Comparative fault rules - Ohio follows comparative negligence principles with a 50 percent threshold. A plaintiff’s recovery is reduced by their percentage of fault. If the injured person is 50 percent or more at fault, they may be barred from recovering damages in most cases.
- Statute of limitations - For personal injury and wrongful death claims, Ohio generally imposes a two-year statute of limitations from the date of the injury or death. Claims for property damage commonly have a longer limitation period, often up to four years, depending on the legal theory. Because deadlines vary by case, it is important to consult counsel promptly.
- Crash reporting requirements - Crashes involving injury, death, or significant property damage must be reported to the police or the Ohio State Highway Patrol. There may also be a duty to report certain crashes to your insurer within a reasonable time under your policy.
- Driving under the influence and administrative procedures - Ohio has a per se blood-alcohol concentration limit of 0.08 percent for most adult drivers. Separate administrative license suspension procedures apply following DUI arrests under Ohio law, in addition to any criminal prosecution.
- Evidence rules and pretrial procedures - If a case proceeds to litigation, evidence rules, discovery, and court procedures in Franklin County courts and Ohio state courts will govern how facts are proved, how expert testimony is used, and how damages are calculated.
Prioritize safety and medical care first. Call 911 if anyone is injured. Move to a safe location if possible. If safe, exchange names, contact information, insurance details, license plate numbers, and vehicle information with other drivers. Take photos of vehicles, scene, injuries, skid marks, and traffic controls. Get names and contact information for witnesses. Report the crash to police so there is an official report. Seek medical attention even if you think you are fine. Notify your insurance company as required by your policy.
Yes, if the crash resulted in injury, death, or significant property damage you should report it to law enforcement. Even when an immediate call to police is not required, it is often helpful to have an official crash report for insurance and legal purposes. If the police do not come to the scene, you may need to file a crash report with the Ohio State Highway Patrol or local agency depending on the circumstances.
Fault is determined based on evidence such as police reports, witness statements, photos, video, traffic camera footage, vehicle damage, expert reconstruction if needed, and the applicable traffic laws. Insurance adjusters and attorneys analyze that evidence to assess who caused the crash and the percentage of fault for each involved party. If parties cannot agree, a court can decide fault at trial.
If the at-fault driver is uninsured, you may rely on your own uninsured motorist coverage if you purchased it. If the at-fault party has insufficient coverage, underinsured motorist coverage can help cover the gap between the at-fault driver’s limits and your actual damages. You may also pursue a lawsuit directly against the at-fault driver, but practical recovery can be limited if the driver lacks assets.
In most personal injury and wrongful death cases in Ohio, the statute of limitations is two years from the date of the injury or death. Some claims, such as property damage or claims against municipal entities, may follow different deadlines. Because missing a deadline can permanently bar your claim, consult an attorney promptly to preserve your rights.
Most car accident claims settle with the at-fault insurer before trial. However, if the parties cannot agree on fault or the value of damages, the case may proceed to litigation and potentially a jury trial. A lawyer can advise on the strength of your case and the likelihood of settlement versus trial, and will handle negotiations and courtroom advocacy if necessary.
You can try to settle without a lawyer, especially for minor damage and clear liability. For anything beyond minor property damage or minor injuries, a lawyer can help ensure you understand the full value of your claim, protect against undervalued settlements, and handle complex issues like future medical costs, lost earning capacity, and third-party liens. Do not sign a release or accept a full settlement without understanding whether it covers all current and future expenses.
Medical bills and lost wages are elements of damages you can seek from the at-fault party or their insurer. Keep detailed records of medical treatment, billing statements, wage statements, and time missed from work. Insurers will evaluate past costs and may require proof of projected future medical needs and lost earning capacity. If you have health insurance or a health plan like Medicare, there may be liens or repayment obligations to address.
Many personal injury attorneys represent car accident clients on a contingency-fee basis. That means the lawyer is paid a percentage of any recovery - settlement or jury award - and you pay no attorney fees if there is no recovery. Fee percentages and the handling of expenses vary by firm and agreement, so review the fee contract carefully before signing.
Preserve physical and digital evidence right away. Take photos and videos of the vehicles, scene, injuries, and road conditions. Keep medical records, receipts, repair estimates, and all correspondence with insurers. Preserve electronic data such as dashcam or phone video, and do not post detailed descriptions of the crash or injuries on social media. Promptly provide preserved evidence to your attorney and insurer as instructed.
Below are governmental bodies and organizations that can provide information or assistance related to car accidents and insurance in Columbus and Ohio:
- Columbus Division of Police
- Ohio State Highway Patrol
- Ohio Bureau of Motor Vehicles
- Ohio Department of Insurance
- Franklin County Clerk of Courts and local municipal courts
- Columbus Bar Association
- Ohio State Bar Association
- Legal aid organizations serving Ohio - for low-income residents
- National Highway Traffic Safety Administration - for general traffic safety data and resources
If you were recently involved in a car accident in Columbus and need legal assistance, follow these steps to protect your rights and improve your chances of a fair recovery:
- Seek medical care immediately and follow recommended treatment. Your health is the first priority.
- Preserve evidence - photos, videos, witness contacts, medical records, repair bills, and police reports.
- Notify your insurer promptly, but be cautious about recorded statements or accepting early settlement offers without reviewing your full damages.
- Avoid admitting fault at the scene or in communications with other parties. Stick to the facts when speaking to police and insurers.
- Keep a detailed file of all documents, bills, and communications related to the crash and your injuries.
- Consult a qualified Columbus auto accident attorney for a free or low-cost case evaluation - especially if injuries are significant, fault is in dispute, or insurance coverage is limited. Ask about experience with similar cases, fee structures, expected timelines, and how the firm handles medical liens and subrogation issues.
- If you decide to hire an attorney, give them permission to handle communications with insurers, preserve evidence, and negotiate on your behalf. Follow your attorney’s instructions about treatment, documentation, and deadlines.
- Act promptly to protect your legal rights - statutes of limitations and other time limits can be short.
Remember that this guide provides general information and is not a substitute for personalized legal advice. For specific guidance about your situation, speak with an experienced Columbus car accident attorney who can analyze the facts, explain your options, and help you pursue the best possible outcome.
