Understanding Hit and Run Accidents in Ohio
A hit-and-run occurs when a driver leaves the scene after causing an accident, creating unique challenges for victims seeking compensation. In Ohio, these incidents require specific steps to protect your rights and maximize your chances of recovery.
While identifying the fleeing driver offers the best path to compensation, uninsured motorist coverage can provide crucial protection when the responsible party cannot be found. Understanding your options and taking quick action after a hit and run is essential for protecting your legal rights.
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Steps to Take Immediately After a Hit and Run in Ohio
What happens if someone hits your car and drives away in Ohio will depend on the circumstances of the accident.
Immediately after a car accident, all parties are legally responsible for:
- Moving their vehicles to safety
- Staying on the scene
- Contacting emergency medical professionals
- Alerting the police
- Exchanging identification information
Ohio hit-and-run law, specifically Ohio Revised Code § 4549.01, states that violation of this law may result in misdemeanor or felony charges, depending on the circumstances of the accident and if injuries or death occurred.
Do not leave the scene of the accident. To leave the scene of an accident is a crime, and it can result in hefty fines, license suspension, and incarceration. Therefore, if you were in an accident with a negligent driver who hit your car and drove away, various circumstances may apply to your situation.
If you were able to remember the license plate number, you may be able to hold the driver accountable for the accident and file a claim with their insurance company. If not, your insurance might cover the costs, expenses, and damages resulting from the accident.
Steps to Take Once You Are Safe
- Document the incident immediately. Record the time, location, and any details about the other vehicle, including make, model, color, and partial license plate numbers. Note distinctive features like bumper stickers or existing vehicle damage.
- Take extensive photos of your vehicle’s damage from multiple angles. Look for and document paint transfers that could help identify the other vehicle’s color. Photograph the accident scene, including skid marks, debris, and the surrounding area.
- Locate witnesses and collect their contact information. Ask nearby businesses about security cameras that might have captured the incident, and request they preserve any footage.
- File a police report right away. Provide law enforcement with all documented information to aid their investigation. Get a copy of the report for your records and insurance claim.
- Contact your insurance company ASAP. Regardless of your coverage uncertainty, contact your insurer. Many policies have strict timeframes for accident reporting.
Ohio Hit-and-Run Law: Penalties for Hit-and-Run Drivers
In Ohio, leaving the scene of an accident carries serious legal consequences. Under Ohio Revised Code § 4549.02, drivers who flee the scene face charges ranging from first-degree misdemeanors to felonies, depending on the accident’s severity:
- For accidents involving only property damage: First-degree misdemeanor, punishable by up to 180 days in jail and $1,000 in fines.
- For crashes causing serious physical harm: Fourth-degree felony, carrying penalties of 6-18 months in prison and fines up to $5,000.
- For accidents resulting in death: Third-degree felony, punishable by 9-36 months in prison and fines up to $10,000.
Hit-and-run accidents in Ohio can also result in license suspension ranging from 6 months to 3 years. The court may impose longer suspensions for repeat offenders or cases involving serious injury or death.
These penalties apply regardless of who was at fault for the initial accident, as the act of leaving the scene constitutes a separate offense under Ohio law.
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How Uninsured Motorist Coverage Protects You in Ohio Hit-and-Run Accidents
Car insurance is a necessity for ensuring you do not have to pay much money out of pocket in the event of an accident. Damages to vehicles can cost thousands of dollars, which is why many vehicle owners choose to have auto insurance. Yet, there are different levels and types of protection that cover accidents.
Here is a look at specific insurance coverage types and what they generally cover in the event of an accident:
- Basic Vehicle Insurance Coverage: According to the Insurance Information Institute (III), the most basic car insurance coverage will include bodily injury liability coverage and property damage liability coverage.
- Collision Coverage: Collision coverage takes care of costs for damage to your vehicle regardless of who is at fault in an accident. Your deductible will generally apply to accidents handled by collision coverage.
- Uninsured Motorist Coverage: Uninsured motorist coverage will extend to covering bodily injury and vehicle damage if you are in an Ohio hit-and-run accident and cannot collect any information on the driver who fled the scene. If the driver of the vehicle drives away, they typically become “effectively uninsured.”
- Underinsured Motorist Coverage: Underinsured coverage reassures you of insurance coverage if the at-fault driver’s liability coverage levels are not adequate to cover your losses and damages entirely.
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Ohio Hit-and-Run Statistics: A Growing Concern
Ohio is among the top 10 states with the highest number of hit and runs.
These incidents put significant strain on law enforcement resources and leave victims facing challenging recovery processes. Urban areas like Columbus, Cleveland, and Cincinnati see higher concentrations of these accidents, particularly during evening hours and weekends.
The trend is particularly concerning as hit-and-run accidents often leave victims with limited options for recovery unless they have proper insurance coverage. The AAA Foundation for Traffic Safety found that hit-and-run accidents are increasing every year.
Compensation Options for Ohio Hit-and-Run Victims
Victims of hit-and-run accidents in Ohio have several potential avenues for compensation, depending on their insurance coverage and circumstances:
- Uninsured motorist coverage is often the primary source of compensation. This coverage typically helps with medical expenses, lost wages, and vehicle damage when the at-fault driver cannot be located.
- Medical payment coverage, if included in your policy, can help cover immediate medical expenses regardless of fault. This coverage can be particularly valuable in hit-and-run situations.
- In cases where the hit-and-run driver is eventually identified, victims may pursue compensation through the at-fault driver’s insurance and potentially file a personal injury lawsuit for additional damages.
Ohio’s Statute of Limitations for Hit and Run Claims
Understanding the time limits for legal action is crucial in hit-and-run cases. In Ohio, victims generally have:
- Two years from the date of the accident to file a personal injury lawsuit
- Two years to file a property damage claim
- One year to file certain insurance claims, though this can vary by policy
Missing these deadlines can prevent you from recovering compensation, making it essential to act promptly and consult with legal representation when needed.
Why Hire a Hit-and-Run Attorney in Ohio?
If you have been injured in an accident that was caused by another driver and they fled the scene, a lawyer experienced in hit-and-run accidents in Ohio can help. Whether you were able to gather identification information on the driver who hit your vehicle or not, legal guidance may be helpful to understand your case more clearly and determine what kind of action you may be able to pursue. If you decide to file a personal injury claim against the other driver or through your own insurance policy, your attorney may be able to help make the process more manageable.
Additionally, a lawyer can offer a variety of benefits that help with your case, such as:
- Saving you time from having to handle the legal aspects of your case on your own
- Working with you on a contingency fee basis, which ensures you pay no attorney’s fees upfront, and only pay those fees if you get awarded a settlement
- Negotiating with the insurance company to ensure you are treated fairly
Schedule Your Free Case Evaluation With Bressman Law
To learn more about the potential of your Ohio hit-and-run accident case, you can call our team at Bressman Law. Contact our offices today at (614) 877-6303 to speak to one of our team members.
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