FAQs
Car Crash Questions,
Answered Honestly.
After an accident, you need clear answers — not legal jargon. Here's what you need to know, straight from an attorney who's been on both sides of the insurance table.
Your first priority is safety. Move to a safe location if possible, then call 911 — even for minor accidents. A police report creates an official record that is critical for any insurance claim or lawsuit.
While at the scene:
- Exchange insurance and contact information with all drivers
- Photograph the vehicles, road conditions, traffic signs, and any visible injuries
- Get the names and contact information of any witnesses
- Do not admit fault or apologize — even casually
- Seek medical attention immediately, even if you feel fine
Do not give a recorded statement to any insurance company before speaking with an attorney. You are not required to do so.
Yes. In Ohio, you are legally required to report any accident involving injury, death, or property damage over $1,000. But beyond the legal requirement, a police report protects you.
What seems minor at the scene — a small fender-bender, no visible injuries — can turn into a significant insurance dispute or injury claim days later. Without a police report, it becomes your word against the other driver's. Always call 911.
Avoid saying anything that could be interpreted as an admission of fault, including:
- "I'm sorry" or "I didn't see you"
- "I was distracted" or "I was going too fast"
- "I think this was my fault"
Even a well-meaning apology can be used against you by the other driver's insurance company to reduce or deny your claim. Stick to the facts when speaking with police, and let your attorney handle communications with insurers.
Ohio requires all drivers to carry liability insurance, but an estimated 12–15% of Ohio drivers are uninsured. If the at-fault driver has no insurance, you may still have options:
- Uninsured Motorist (UM) coverage — if you carry this on your own policy, it can compensate you for injuries the at-fault driver caused
- Underinsured Motorist (UIM) coverage — if the at-fault driver's limits are too low to cover your damages, your UIM coverage can fill the gap
- Direct lawsuit — you can sue the uninsured driver personally, though collecting may be difficult
An attorney can review your policy and identify every avenue of compensation available to you.
Yes — and as soon as possible, ideally the same day. Adrenaline and shock can mask pain and injury immediately after a crash. Whiplash, soft tissue injuries, concussions, and internal injuries can take 24–72 hours to become symptomatic.
From a legal standpoint, a gap in medical treatment is one of the first things insurance adjusters use to argue that your injuries weren't serious — or weren't caused by the crash at all. A prompt medical record ties your injuries directly to the accident and protects your claim.
- Whiplash and neck injuries — the most common, often delayed in onset
- Back and spinal injuries — herniated discs, compression fractures
- Traumatic brain injuries (TBI) — ranging from mild concussion to severe TBI
- Broken bones — wrists, ribs, collarbone, and legs are frequently affected
- Soft tissue injuries — muscle tears, ligament sprains
- Psychological trauma — PTSD, anxiety, and depression following serious crashes
- Internal injuries — organ damage that may not be immediately apparent
Any of these can have long-term consequences. Documenting all injuries — including those that develop over time — is essential to a full and fair settlement.
Ohio is an at-fault state, meaning the driver who caused the accident (and their insurance) is responsible for your medical bills and other damages.
In practice, however, payment doesn't always come immediately. You may need to use your own health insurance or MedPay coverage first, then seek reimbursement from the at-fault driver's insurer. An attorney can help coordinate these payments and ensure you aren't left paying bills that should be covered by the other driver's policy.
Yes. Ohio law allows injured parties to pursue compensation for both economic damages (medical bills, lost wages, property damage) and non-economic damages (pain and suffering, emotional distress, loss of enjoyment of life).
Calculating pain and suffering requires experience. Insurance companies use formulas designed to minimize this figure. An attorney who understands how insurers evaluate these claims — from the inside — can push back effectively and maximize what you recover.
Almost never. The first offer from an insurance company is rarely — if ever — their best offer. It is a starting point designed to close your claim quickly and cheaply, before you understand the full extent of your injuries or your legal rights.
Once you accept a settlement and sign a release, you typically cannot go back for more — even if your injuries turn out to be more serious than initially apparent. Before accepting any offer, have an attorney review it against your actual damages: current and future medical costs, lost income, and pain and suffering.
You are generally not required to give a recorded statement to the other driver's insurance company. Despite how it may be framed, it is not a neutral exercise — adjusters are trained to ask questions that elicit answers that minimize your claim.
You do have an obligation to cooperate with your own insurer, but even then, you have the right to have an attorney present. Never give any recorded statement without first consulting with an attorney.
Ohio follows a modified comparative fault rule. This means that if you are partially at fault for the accident, your compensation is reduced by your percentage of fault.
For example: if your total damages are $100,000 and you are found 20% at fault, you would recover $80,000. However, if you are found to be 51% or more at fault, you are barred from recovering any compensation at all.
Insurance companies will often argue that you share more fault than you do in order to reduce what they owe. An experienced attorney can counter these arguments and protect your share of the recovery.
It varies significantly based on the complexity of the case:
- Minor accidents with clear liability — weeks to a few months
- Moderate injuries requiring treatment — several months to a year
- Serious or permanent injuries — one to two years or more
- Cases that go to trial — potentially two to three years
The most important factor in timing: don't settle before you reach maximum medical improvement (MMI). Until doctors have determined the full extent of your injuries and expected recovery, you cannot accurately value your claim. Settling too early can leave significant compensation on the table.
Ohio law allows you to seek compensation for:
- Medical expenses — past and future treatment, surgery, rehabilitation, prescriptions
- Lost wages — income lost while recovering, plus reduced earning capacity if your injuries are permanent
- Property damage — vehicle repair or replacement
- Pain and suffering — physical pain and emotional distress
- Loss of enjoyment of life — inability to participate in activities you previously enjoyed
- Loss of consortium — impact on your relationship with your spouse
- Punitive damages — in rare cases involving reckless or intentional conduct
Ohio's statute of limitations for personal injury claims — including car accidents — is two years from the date of the accident. If you do not file a lawsuit within two years, you lose the right to pursue compensation in court permanently.
There are limited exceptions (for minors, for example), but do not rely on them. Contact an attorney as soon as possible after your accident. Evidence disappears, witnesses' memories fade, and the earlier you act, the stronger your case.
For minor fender-benders with no injuries and clear liability, you may be able to handle the claim yourself. But for any accident involving:
- Physical injury
- Significant property damage
- Disputed fault
- Uninsured or underinsured drivers
- Lost time from work
An attorney meaningfully changes the outcome. Studies consistently show that represented claimants receive substantially higher settlements than those who negotiate alone — and at Sandel Law Firm, there is no fee unless you win.
The vast majority of car accident cases — roughly 95% — settle before trial through negotiation, mediation, or arbitration. Trials are the exception, not the rule.
That said, the credible threat of trial is often what produces fair settlements. Insurance companies settle for more when they know your attorney is prepared to take the case to a jury. At Sandel Law Firm, every case is prepared as if it will go to trial — because that preparation is what drives results at the negotiating table.
At Sandel Law Firm, there is no upfront cost. We work on a contingency fee basis — meaning we only get paid if you win. Our fee is a percentage of your settlement or verdict, so there is no financial risk in consulting with us.
The initial consultation is completely free, whether it takes place at our Akron office, your home, or another convenient location. Call 330-666-2889 to get started.
Yes — as long as you are less than 51% responsible for the accident under Ohio's comparative fault rule. Your compensation will be reduced by your percentage of fault, but you are not barred from recovery unless you bear the majority of the blame.
Insurance companies often inflate a claimant's share of fault to reduce payouts. An attorney can investigate the accident thoroughly, gather evidence, and argue effectively for the accurate assignment of fault.
Yes. As a passenger, you are almost never at fault for a crash. You may be able to file a claim against:
- The at-fault driver's insurance (whether that's the driver of your vehicle or another vehicle)
- Your own uninsured/underinsured motorist coverage, if applicable
- Multiple parties, if more than one driver contributed to the accident
Being a passenger simplifies the fault question considerably, which is why passenger injury claims often result in strong recoveries.
If a drunk driver caused your injuries, you have the same right to pursue compensation as in any accident — but the circumstances may strengthen your case significantly. Ohio law permits punitive damages in cases involving reckless conduct, and driving drunk is considered reckless as a matter of law.
Additionally, in some cases, bars or establishments that served alcohol to a visibly intoxicated person may share liability under Ohio's dram shop laws. An attorney can identify all potentially liable parties and pursue maximum compensation.
When a driver causes an accident while acting within the scope of their employment, their employer can be held liable under the legal doctrine of respondeat superior. This is significant because:
- Commercial insurers typically carry much higher policy limits than individual drivers
- Companies often have assets that can satisfy a judgment
- There may be additional parties liable — fleet managers, maintenance companies, or cargo loaders in the case of trucks
These cases are more complex and companies move quickly to investigate and protect their interests. Contact an attorney immediately if a commercial vehicle was involved.
Rideshare accidents involve a layered insurance situation that depends on the driver's status at the time of the crash:
- App off: Only the driver's personal insurance applies
- App on, waiting for a ride request: Uber/Lyft provide limited liability coverage
- En route to pickup or carrying a passenger: Uber and Lyft provide up to $1 million in liability coverage
Determining which coverage applies — and getting rideshare companies to honor their policies — requires an attorney familiar with these claims. Don't navigate this alone.
Government entities — the Ohio Department of Transportation, a county, or city — may be liable if a road defect contributed to your crash. Potholes, missing guardrails, inadequate signage, and poor road design are all potential government liability claims.
These cases have strict notice requirements and shorter deadlines than standard personal injury claims. In Ohio, you may have as little as 120 days to file a notice of claim against a government entity. If road conditions played any role in your accident, contact an attorney immediately.
Yes. Ohio's wrongful death statute allows certain family members to pursue compensation when a loved one is killed due to another party's negligence. Those who may file include a surviving spouse, children, or parents of the deceased.
A wrongful death claim can recover:
- Loss of the deceased's expected income and support
- Loss of services, care, and companionship
- Funeral and burial expenses
- The mental anguish suffered by surviving family members
These cases are among the most emotionally difficult — and legally complex. Sandel Law Firm handles wrongful death claims with the sensitivity and determination your family deserves.
Don't navigate this alone.
Free consultations — at our office, your home, or wherever is convenient.
Insider Knowledge. Outstanding Results.
I am attorney Kevin Sandel. I represent people injured in all types of motor vehicle accidents. I also represent bicyclists and pedestrians who are struck by cars. If you hire me, you owe me no money upfront to represent you, nor will you get a monthly bill from me. I get paid on a contingency fee basis, which essentially means I don’t get paid unless you get paid. I can even assist you with the vehicle damage portion of your case at no cost.
As a former insurance company claims adjuster and attorney, I have insider knowledge that will lead to outstanding results for you and your case.
At Sandel Law Firm, you will be personally represented by the managing partner of the firm. Your initial consultation is always free, whether that is at my Akron office, your home or another convenient location. During your free, in-person consultation, I will take the time to answer your questions and explain your rights at no cost and with no obligation.
The following pages will provide useful information for car accident victims:
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Sandel Law Firm’s Practice Areas
Car Accidents
I represent people injured in all types of accidents involving motor vehicles.
Personal Injury
No matter how you were injured, I offer a free initial consultation to discuss your case.
Wrongful Death
I represent families who have lost loved ones in fatal accidents.
Dog Bites & Attacks
Find out how to move forward with a claim after you’ve been bitten or attacked.
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