In the state of Ohio, drivers are responsible for carrying a minimum requirement to ensure that all drivers are protected while on the road. The Dayton, Ohio state related law concerning auto accident’s states that drivers are required to carry the insurance unless they are able to provide proof of other forms of financial responsibility like a bond that has been filed by the state treasurer. In the state of Ohio, there are laws in place that are there to ensure that auto accidents and lawsuits and insurance claims are handled properly.
Each state has their own set of laws concerning negligence while on the road. Each of the laws will establish who is at fault when an accident occurs. In the state of Ohio, the law states that the Ohio Motor Vehicle Act is breached then the driver is at fault due to not exercising reasonable care while driving. When this occurs, the driver is held at fault and negligence is proven therefore allowing an open case to occur therefore providing proof for a lawsuit to occur.
State Minimum Insurance Coverage for Ohio
The state of Ohio is requiring that all drivers establish a state minimum for insurance coverage on the vehicle they are driving. In order to ensure that you are covered during an accident, the state says that you must meet the following guidelines:
It is always best to make sure that you have more than just plain liability insurance coverage however, if that is all you want to carry; this coverage will cover you in case of an accident. You can also talk to a local attorney such as The Attkisson Law Firm.
Providing Proof or Establishing Causation
A driver in Ohio must first be able to show or demonstrate proof that the driver was negligent when the accident occurred. By providing this proof, causation has been established. When this occurs, the driver has been able to show a burden of proof that the injury and loss was a direct result from the accident. The court will also deem that causation is demonstrable for the lawsuit to hold up in court.
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Legal Liability Coverage
In accordance with the Ohio department of insurance, the person who is at fault for the accident is held responsible for any and all damages incurred during an automobile accident. For most people, the insurance company is going to carry the financial burden for the accident however, if you are not insured at the time of the accident or did not carry enough coverage, you will be held liable for all damages and loss that occurred during the accident. In order to cover all the expenses that occur during the accident, your home as well as your wages can be garnished in order to pay off the financial burden of liability.
Statute of Limitations Helps to Protect You
There is a two-year period for the statute of limitations that protects an individual concerning a lawsuit in regards to personal injury, medical costs, as well as pain and suffering. Your lost wages and property damage are also covered as long as it is within the two-year period since the occurrence of the accident. What this means for you if you are not the person at fault is; you are able to file a lawsuit against the opposing party for up to 2 years after the accident occurred. If this time period has passed, typically you are forbidden from being able to file a lawsuit in court.
If you are involved in an accident, you are required by law to stop your vehicle at once. If you are on a busy street or interstate, you should move your vehicle to safety and then if possible, get out and collect the information needed from the opposing party. You will need to collect their name, address along with their registration for the state of Ohio. If you are driving someone else's vehicle, you will need to provide the person with the name of the person whose vehicle you are driving.
If you have been injured in the accident, then you should call the police right away and dial 911. If you attempt to call the police for an accident where a non-injury accident has occurred, just know that it is not necessary for the police officer to respond. It is a call that is made by the police dispatch and police officer dispatched to the scene.
If you are injured during the accident and it was serious enough that you were unable to speak or write down the information concerning the accident, the other party should have stayed with you until the police arrived or until 911 responders arrived. If the other party was also injured badly during the accident, if responders decided that they needed to be removed from the scene immediately, then they have made that decision and someone else should have remained at the scene with you. This could have been a 911 responder who is responding to the scene as well or by a police officer who was called to the scene of the accident.
If you are involved in an accident where there is at least $400 worth of damage or an injury has occurred, the driver of the other vehicle will have to show proof of insurance coverage or financial responsibility coverage. If they are unable to provide the proof at the time of the accident, then the driver will need to file a crash report through the Bureau of Motor Vehicles. If you plan on filing the report, just know that you will have to do so within the 6-month time frame following the accident.
The Bureau of Motor Vehicles has recently started to allow the drivers to store their contact information in case of emergencies with the agency. By allowing a driver to do so, the local or state law enforcement officer who is responding to a scene of an accident is able to notify the relatives or person listed as emergency contact to be notified in the case of an accident. If the person is injured badly enough, the person listed is contacted and informed about the personal injury accident and where they should go or do next.