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Vehicle Accident Frequently Asked Questions

Please review our disclaimer prior to reading any of the questions/answers on this page. 



I have no insurance. Can I still file a claim after a car accident in Cleveland?

Auto insurance (or proof of financial responsibility) is mandatory for all drivers in Ohio. It is illegal to drive a vehicle in the state without proper insurance coverage (financial responsibility). But even if you have no insurance at the time of a car accident, you may still be able to file a claim if another party was at fault for the accident.

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How long do I have to file a lawsuit after a car accident?

In the State of Ohio, an individual involved in a vehicle accident that occurs as a result of driver negligence typically has two years from the date of the car accident to file a lawsuit.  There may be facts specific to your case which could extend this deadline, but generally the limitation is two years.  This deadline is known as the "statute of limitations", however, there may be more than one "statute of limitations" that applies to your case. 

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I was involved in an accident in Cleveland, Ohio. What should I do next?

If you were involved in a car accident in Cleveland, Ohio, then there are some things that you will want to complete as soon as possible.  First, make sure you file a police report if one was not filed at the scene.  If this is a hit-skip accident, then you will need to speak to Cleveland Police Hit-Skip Department.  The phone number listed on their website is 216-623-5085.  Once you have determined the other driver's insurance coverage, you will need to call the insurance company and file a claim to get the process started.  However, this can be very complicated and we recommend you speak to an attorney to discuss this process.

 Read more about car accidents in Cleveland, Ohio

I was hit by someone that doesn’t have auto insurance. What should I do?

Even though it is illegal in the State of Ohio to drive without insurance, there are still many drivers out on the road without the State minimum coverage.  If you are involved in an accident, there are one of several scenarios you can choose in an attempt to recover your losses.  First, you can seek to recover the damages against the car owner personally.  Second, you can seek to recover damages against the driver personally.  And third, you can file a claim with your insurance company under a uninsured/underinsured policy, if it is available.

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What is comparative negligence?

Not all accidents are clearly the fault of one individual.  If more than one person caused the damage, then negligence is distributed between the parties based on state apportionment laws.  The amount of damages are apportioned between the parties based upon the amount of negligence attributed to the individual party.  When the plaintiff and the defendant are both at fault, the amount of damages a plaintiff may recover is reduced in proportion to the amount of fault attributed to the plaintiff.  The judge or jury may determine that actions of the defendant, the plaintiff, or both, caused the accident.  Based on the facts of the case, the judge or jury will allocate the amount or percentage that each party was negligent.  

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It was icy/snowy when the accident happened, can I still recover damages?

If the roads were snowy or icy when your accident occurred, you still may be able to recover damages from the other driver.  A reasonable driver will take into account the road conditions and adjust their driving accordingly.  If the driver failed to take the necessary precautions, then they are negligent and can be held accountable for the consequences of their conduct. 

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