Hit-and-Run Accident Claims in Toledo

A hit-and-run accident can involve separate criminal and civil issues.

A driver involved in a qualifying accident who leaves without satisfying Ohio’s legal obligations may face criminal charges, while the injured person may pursue a civil claim for medical expenses, lost income, property damage, pain and suffering, and other losses caused by the collision.

The outcome of any hit and run charges does not by itself establish who caused the original accident or determine whether the injured person can recover compensation.

Ohio has three primary hit-skip statutes that apply depending on where the accident occurs and what type of property is damaged:

• Accidents on public roads or highways: Ohio Revised Code Section 4549.02 generally requires a driver who knows they were involved in an accident on a public road or highway to stop at the scene of an accident and remain there while providing the driver’s name and address, the vehicle owner’s information when different, and the vehicle’s registration number. If an injured person cannot comprehend and record the required information, the other driver generally must notify the nearest police authority and remain until a police officer arrives unless removed by qualifying emergency transportation. The statute also addresses collisions with an unoccupied vehicle or unattended vehicle.
• Accidents on other public or private property: Ohio Revised Code Section 4549.021 applies when an accident involving damage or injury occurs on public or private property other than a public road or highway. If the driver does not provide the required identifying information at the scene, the information generally must be reported to the appropriate police department or county sheriff within 24 hours. When an unoccupied or unattended vehicle is struck, the driver generally must securely attach the required information to the vehicle.
• Damage to real property or attached property: Ohio Revised Code Section 4549.03 applies when a vehicle causes damage to real property or personal property attached to real property that is legally upon or adjacent to a public road or highway. The driver must stop and take reasonable steps to locate the property owner or person in charge and provide identifying information. If the owner cannot be located after a reasonable search, the driver generally must report the required information, accident location, and known damage to law enforcement within 24 hours.

Using the wrong statute can lead to an inaccurate explanation of a driver’s legal obligations because the reporting requirements and penalties are not identical in every situation.

A first-degree misdemeanor is the penalty for minor hit-and-run offenses, which can carry up to six months, or 180 days, in jail.

If the accident causes serious physical harm, the offense can become a fifth degree felony or, when the driver knew that serious physical harm resulted, a fourth degree felony.

When an accident results in death, failure to stop can become a third degree felony or, if the driver knew the crash resulted in death, a second degree felony.

A second-degree felony can carry a stated minimum prison term of up to eight years under Ohio sentencing law, with the maximum term determined under the state’s indefinite-sentencing provisions.

Ohio law also permits a conventional fine of up to $15,000 for a second-degree felony.

Sections 4549.02 and 4549.021 also require a class-five driver’s license suspension.

That suspension can range from six months to three years, and the statutes provide that the first six months cannot be suspended by the judge.

The criminal case remains separate from the injured person’s claim for compensation.

A fleeing driver facing serious criminal charges may need a criminal defense attorney, but the victim’s civil case focuses on proving who caused the collision, documenting the resulting physical harm and financial losses, identifying available insurance coverage, and pursuing compensation supported by the evidence.

The immediate priorities after a hit-and-run car accident are personal safety, medical care, reporting the collision, and preserving evidence before it disappears.

Do not chase the fleeing driver, particularly when doing so could create another dangerous situation.

After a hit-and-run accident in Toledo:

• Call 911 when someone is injured or emergency assistance is needed.
• Obtain appropriate medical treatment.
• Report the accident to law enforcement as soon as possible.
• Write down the full or partial license plate number if you saw it.
• Record the other vehicle’s make, model, color, direction of travel, and any distinctive damage or markings.
• Photograph the vehicle damage, accident scene, debris, skid marks, roadway conditions, and visible injuries.
• Obtain names and contact information from witnesses.
• Look for nearby homes, businesses, buses, or vehicles that may have surveillance or dash-camera footage.
• Save your own dash-camera footage and other electronic evidence.
• Notify your insurance company promptly in accordance with the policy’s notice requirements.
• Keep crash reports, medical records, repair estimates, bills, photographs, and insurance correspondence throughout the claims process.

Details such as the time and location of the crash and the fleeing vehicle’s direction of travel may help police identify the driver.

Witness accounts, nearby cameras, physical evidence, and even a partial license plate number can also provide additional evidence supporting the investigation and insurance claim.

The Toledo Police Department states that accident reports cannot be filed through its online citizen reporting system.

TPD directs people to call 911 for emergencies and lists separate non-emergency and Hit Skip Investigations contacts.

Crash reports may also be obtained through resources associated with the Ohio Department of Public Safety.

A prompt police report can create an official record of the collision and preserve information gathered near the time of the crash.

An insurer may also request the report while investigating a hit-and-run claim, although the evidence required for coverage ultimately depends on Ohio law and the applicable insurance policy.

What Happens if the Hit-and-Run Driver Is Never Found?

A personal injury claim does not necessarily end because the fleeing driver remains unidentified.

Under Ohio Revised Code Section 3937.18, an unidentified motorist can qualify as an uninsured motorist when the driver’s identity cannot be determined and independent corroborative evidence establishes that the unidentified motorist’s negligence or intentional conduct proximately caused the insured person’s bodily injury, sickness, disease, or death.

The insured person’s testimony alone does not constitute independent corroborative evidence unless additional evidence supports it.

Depending on the circumstances, supporting evidence may include witness testimony, surveillance or dash-camera video, physical damage, debris, roadway evidence, or other information independent of the claimant’s unsupported account.

This rule can apply even when there was no direct vehicle-to-vehicle impact.

For example, an unidentified vehicle could force another driver off the roadway and cause what initially appears to be a one car accident.

Ohio law focuses on whether the evidence establishes that the unidentified motorist caused the injury rather than expressly requiring physical contact between the vehicles.

If the driver remains unidentified, applicable uninsured motorist coverage may provide compensation for bodily injuries when the policy includes UM coverage and the statutory and policy requirements are satisfied.

Health insurance, optional MedPay coverage, and collision coverage may also address particular expenses depending on the applicable policies.

Vehicle damage is treated differently.

Under Ohio Revised Code Section 3937.181, statutory uninsured-motorist property-damage coverage applies only when the owner or operator of the uninsured vehicle has been identified.

An insurer also is not required to make that coverage available when the insured already has qualifying collision coverage.

An unidentified hit-and-run can therefore involve different coverage rules for bodily injuries and vehicle damage, making review of the actual insurance policy important.

Uninsured motorist coverage, commonly called UM coverage, can provide an important potential source of compensation after an Ohio hit-and-run accident.

Ohio Revised Code Section 3937.18 expressly recognizes certain unidentified drivers as uninsured motorists when the statutory requirements are satisfied.

When applicable UM coverage exists, an insured may pursue bodily-injury benefits after a crash caused by an unidentified driver.

A UM claim is not automatic simply because another vehicle left the scene, however.

Ohio law requires the claimant to prove the elements that would have been necessary to recover from the uninsured or unidentified driver, including fault, causation, and damages.

The insurance company may investigate:

• Whether another vehicle caused the crash
• Whether the unidentified driver was negligent or otherwise legally responsible
• Whether sufficient independent corroborative evidence exists
• Whether the claimant qualifies as an insured under the policy
• Whether the applicable policy includes UM coverage
• Whether the accident caused the claimed injuries
• The amount of medical, wage, and other supported damages
• Whether applicable notice and other policy requirements were satisfied

Making a claim under your own or another applicable insurance policy does not mean the insurer must accept the claim without investigation.

Coverage, liability, causation, damages, and compliance with policy terms may all be reviewed before benefits are paid.

Is UM/UIM Coverage Required in Ohio?

No.

Ohio does not require every motor vehicle insurance policy to include uninsured or underinsured motorist coverage.

Under Section 3937.18, an Ohio motor vehicle policy may include UM coverage, UIM coverage, or both, but neither is mandatory.

The declarations page and complete policy should therefore be reviewed before assuming that either form of coverage is available.

UM and UIM coverage also address different insurance problems.

UM coverage may apply when no applicable bodily-injury liability insurance exists or when the responsible driver cannot be identified and Ohio’s corroboration requirements are satisfied.

UIM coverage generally applies when an identified responsible driver’s available bodily-injury liability limits are lower than the limits of the applicable UIM coverage.

Ohio law does not treat UIM coverage as additional excess insurance simply added on top of the at-fault driver’s liability limits.

What Evidence Is Needed for a Hit-and-Run UM Claim?

Evidence is particularly important when the hit-and-run driver cannot be identified.

Ohio Revised Code Section 3937.18 requires independent corroborative evidence establishing that the unidentified motorist’s negligence or intentional conduct proximately caused the insured person’s bodily injury, sickness, disease, or death.

The testimony of an insured seeking recovery does not, by itself, constitute independent corroborative evidence unless additional evidence supports that testimony.

Depending on its source and content, potentially useful supporting or corroborative evidence may include:

• Testimony from independent witnesses
• Surveillance or dash-camera footage
• Vehicle debris or parts left at the scene
• Paint transfer or physical impact damage
• Tire marks and other roadway evidence
• Photographs or video taken near the time of the collision
• Video showing the unidentified vehicle leaving the scene
• License-plate-reader information
• Police or 911 evidence containing information independent of the claimant’s unsupported account

The evidence needed depends on how the collision occurred.

An independent witness who saw another driver run a red light may provide important corroboration in one case, while surveillance footage, vehicle debris, physical damage, or roadway evidence may serve that role in another.

Medical records are also important for establishing the injuries, treatment, and connection between the crash and the claimed bodily harm.

They should be considered alongside the independent evidence used to establish that an unidentified motorist caused the accident.

Identifying the fleeing driver can change both the liability investigation and the available insurance coverage.

Once the driver is found, an attorney may investigate:

• Who was driving the vehicle
• Who owned the vehicle
• Whether liability insurance covered the driver or vehicle
• Whether an employer or business may bear responsibility for the driver’s conduct
• Whether another party contributed to the collision
• The driver’s available liability insurance limits
• Whether additional insurance coverage may apply

If the evidence establishes that the identified driver negligently caused the crash, the injured person may pursue a claim against the driver and seek compensation through applicable liability insurance.

Other defendants may also be considered when the evidence provides an independent basis for liability.

A violation of Ohio’s hit-skip law is separate from determining who caused the original collision.

A driver may violate Ohio Revised Code Section 4549.02 by leaving the scene, but the injured person must still establish liability for the crash and prove the damages claimed in the civil case.

When Underinsured Motorist Coverage May Apply

Finding the driver does not necessarily resolve every insurance issue.

An identified driver may have liability insurance but carry limits that are insufficient to address a serious injury.

Under Ohio Revised Code Section 3937.18, underinsured motorist coverage may apply when the bodily-injury liability limits available from the responsible parties are lower than the limits of the applicable UIM coverage.

Ohio does not treat UIM coverage as additional excess insurance simply added on top of the at-fault driver’s liability coverage.

The applicable UIM limits are generally reduced by the amounts available for payment under the bodily-injury liability policies covering the responsible parties.

For example, an injured person may have damages that substantially exceed the fleeing driver’s liability limits because of surgery, rehabilitation, lost income, or future medical treatment.

UIM coverage may provide an additional source of recovery if the injured person has applicable UIM coverage with limits greater than the liability limits available from the responsible parties and the other coverage requirements are satisfied.

The liability policy and applicable UIM policy should therefore be reviewed before the available insurance recovery is evaluated.

Policy terms can also impose notice, cooperation, subrogation, and other requirements that may affect the claim.

Ohio law permits a UM/UIM policy to require that a claim or lawsuit for benefits be made or brought within three years after the accident, subject to the requirements of Section 3937.18.

The actual policy should be reviewed promptly so that contractual notice and filing requirements are identified.

Medical providers generally do not wait for police to identify a hit-and-run driver before billing for treatment.

Depending on the injured person’s insurance and circumstances, medical expenses may initially be addressed through several sources.

Potential payment sources may include:

• Health insurance
• Optional MedPay coverage under an auto policy
• Medicare or Medicaid when applicable
• Direct payment by the patient
• A payment arrangement with a medical provider

If the fleeing driver is identified, applicable liability insurance may ultimately provide a source of recovery for qualifying accident-related medical expenses and other damages.

If the driver remains unidentified, applicable uninsured motorist coverage may provide compensation for bodily injuries after the claimant establishes coverage, fault, causation, damages, and any required independent corroborative evidence.

Ohio law recognizes medical care, treatment, rehabilitation expenses, and lost compensation as forms of economic loss in tort cases.

Medical expenses may therefore be part of a personal injury claim even when health insurance or another benefit initially paid some of the bills.

The amount ultimately recoverable can depend on collateral-source rules, subrogation rights, and reimbursement obligations.

Health insurers, Medicare, Medicaid, and other benefit providers may have rights that need to be addressed if the injured person later obtains compensation.

What Compensation May Be Available After a Hit-and-Run?

The compensation available after a hit-and-run depends on the injuries, evidence of fault, available insurance coverage, policy terms, and the financial and personal losses caused by the crash.

A qualifying bodily-injury claim may include compensation for:

• Ambulance and emergency medical treatment
• Hospitalization and surgery
• Rehabilitation and physical therapy
• Past and future medical expenses
• Lost wages
• Reduced earning capacity
• Pain and suffering
• Mental anguish or emotional distress
• Disability or disfigurement
• Loss of normal activities

Ohio law defines economic losses to include past and future lost compensation and expenditures for medical care, treatment, and rehabilitation.

State law also recognizes noneconomic losses such as pain and suffering, mental anguish, disfigurement, and other intangible harm.

Property damage may involve separate coverage and legal issues.

Vehicle repairs or replacement, towing, storage, and other supported property losses may potentially be addressed through the identified driver’s property-damage liability coverage, collision coverage, or other applicable insurance.

The source of compensation depends on what coverage is available.

An identified driver may have applicable liability insurance, while an unidentified driver may trigger uninsured motorist bodily-injury coverage if the requirements of Ohio law and the policy are satisfied.

Leaving the scene does not eliminate the need to prove how the accident happened.

Even when a fleeing driver faces felony charges for violating Ohio’s hit-skip laws, those charges do not by themselves establish that the driver caused the original collision.

For an ordinary negligence claim, the evidence must establish the other driver’s fault and connect that conduct to the collision, resulting injuries, and claimed damages.

A person seeking uninsured motorist benefits must likewise prove the elements that would have been necessary to recover from the uninsured or unidentified driver.

Evidence may show that the fleeing driver:

• Ran a red light or stop sign
• Failed to yield the right of way
• Rear-ended another vehicle
• Made an unsafe lane change
• Crossed into oncoming traffic
• Was speeding
• Forced another vehicle from its lane or off the roadway
• Struck a pedestrian or bicyclist
• Hit another vehicle and left the scene
• Otherwise failed to use reasonable care

Police reports, witness statements, video footage, vehicle damage, roadway evidence, and other documentation may help establish what occurred before the other driver fled.

Ohio’s modified comparative-fault law can also affect the claim.

An injured person may generally recover when their percentage of fault is not greater than the combined fault of the other responsible persons, but compensatory damages are reduced according to the injured person’s percentage of fault.

An insurer may therefore argue that the injured person contributed to the collision even when the fleeing driver clearly violated Ohio’s duty to stop.

Fault for causing the accident and liability for leaving the scene are separate issues and should be evaluated based on the available evidence.

Yes, although the available legal action can depend on whether the fleeing driver is identified and what insurance coverage applies.

If police or an independent investigation identifies the driver, the injured person may be able to file a negligence lawsuit against that driver.

A vehicle owner, employer, or another party may also be liable when the evidence provides an independent legal basis for a claim against that person or business.

If the driver remains unidentified, the dispute may instead involve uninsured motorist benefits under an applicable policy.

Ohio Revised Code Section 3937.18 recognizes certain unidentified operators as uninsured motorists when the injured person qualifies as an insured and independent corroborative evidence establishes that the unidentified driver’s negligence or intentional conduct caused the bodily injury.

A criminal conviction is not required before an injured person can pursue compensation.

The criminal law proceeding involving the driver’s failure to stop, license consequences, or other penalties serves a different purpose from the civil claim seeking compensation for injuries and losses.

How Long Do You Have to File a Hit-and-Run Claim in Ohio?

More than one deadline can apply after an Ohio hit-and-run accident.

Under Ohio Revised Code Section 2305.10, an action for bodily injury or injury to personal property generally must be filed within two years after the cause of action accrues.

For an ordinary motor vehicle collision, the claim generally accrues when the injury or property loss occurs, which ordinarily means the two-year period begins on the date of the accident.

A claim for UM or UIM benefits can involve a separate contractual deadline.

Ohio Revised Code Section 3937.18 permits a policy containing UM or UIM coverage to require that a claim or lawsuit for those benefits be made or brought within three years after the accident, subject to the statute’s requirements.

This does not mean every person injured in a hit-and-run automatically has three years to act.

The two-year deadline for a negligence or property-damage action, applicable UM/UIM policy provisions, notice requirements, the identity of the responsible driver, the injured person’s age, wrongful death issues, and other circumstances can determine which deadlines apply.

Waiting can also weaken a claim before any legal deadline expires.

Surveillance footage may be overwritten, witnesses may become difficult to locate, and damaged vehicles or other physical evidence may be repaired, altered, or destroyed.

A hit-and-run accident can create additional challenges when the responsible driver leaves before insurance information can be exchanged or liability can be investigated.

Whether the driver is eventually identified or remains unknown, the available evidence and insurance coverage can determine which options are available for pursuing compensation.

Zoll & Kranz represents people injured in motor vehicle accidents throughout Greater Toledo and Northwest Ohio.

Our attorneys can investigate the collision, preserve available evidence, review UM/UIM and other applicable insurance coverage, document medical expenses and lost income, and address disputes with insurance carriers.

If the fleeing driver is identified, we can evaluate a claim against the driver and pursue compensation through applicable liability coverage.

If the driver remains unidentified, we can determine whether uninsured motorist coverage applies and whether the available evidence satisfies Ohio’s requirements for an unidentified-driver claim.

Zoll & Kranz handles qualifying personal injury cases on a contingency fee basis, so clients do not pay upfront attorney fees and attorney fees are owed only if the firm obtains compensation, subject to the written fee agreement.

If you were injured in a hit-and-run accident in Toledo, contact Zoll & Kranz for a free consultation or use the chat feature on this page to discuss the accident, available evidence, and insurance coverage that may apply.