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Do Low-Impact Car Accidents Qualify for Settlements?

Contact a Cincinnati Car Accident Lawyer at Wolterman Law Office for Legal Advice

A low-impact car accident can lead to severe consequences. Low-impact car accidents can qualify for settlements, depending on several factors. You may receive a settlement after a minor accident by proving negligence.

According to Ohio laws, you have a few options after a low-impact car accident. The first is to file a claim with your auto insurance provider, depending on the available coverage. A third-party claim could be filed with the other driver’s insurance company if they were at fault. When that happens, a settlement may be negotiated.

When a settlement cannot be agreed upon, you may be able to file a personal injury lawsuit in civil court. Before the case goes to trial, the other driver’s car insurance company may offer a settlement. This can work to your benefit because Ohio is an at-fault state, but it can also be a disadvantage because of the modified comparative negligence rule. If you are found to be partially responsible for the low-impact accident, your awarded damages will be reduced by a certain percentage. You will likely be unable to receive compensation when that amount is more than 50 percent.

What Should I Do After a Low-Impact Car Accident?

Physical damage like whiplash or traumatic brain injuries (TBIs) can be asymptomatic at first and show up later. It is also unwise to assume that the property damage is minimal.

Taking the same precautions as a major car accident is safer. After any accident, call 911 immediately, and move your vehicle to a safe location. Take photos quickly in case the other driver takes off before help arrives. You can exchange license, registration, and insurance information, but if uncomfortable, wait for help to arrive.

The police officer who responds to the call should provide you with contact information for getting a report. While the information is being gathered, call your insurance company to advise them of what happened. Let them know that you plan to get a medical evaluation, and after that, call, visit a medical provider, or make an appointment to be seen as soon as possible. This evaluation can also be used as proof if you have accident-related injuries.

How Can a Car Accident Lawyer Help Me?

Every motor vehicle collision is different. Low-impact ones can cause significant, long-term problems for those involved. According to the National Automotive Sampling System, even though crashes can occur at 5 miles per hour, there is no minimum speed at which drivers and passengers cannot be injured. There is always a potential for an injury.

Evidence is needed to settle a low-impact car accident claim. Your lawyer must prove the following:

  • The other driver had a legal obligation to follow certain traffic laws.
  • The driver failed to uphold that obligation.
  • That failure caused the low-impact accident.
  • The low-impact accident resulted in your injuries and resulting financial damages.

Ohio has caps on certain types of damages; there is none for economic damages. It is rare for courts to award punitive damages.

Contact a Cincinnati Car Accident Lawyer at Wolterman Law Office for Legal Advice

If you were injured in a low-impact car accident, speak to a knowledgeable Cincinnati car accident lawyer at Wolterman Law Office. Call 513-488-1135 or complete our online form to schedule a free consultation. Located in Loveland, Ohio, we serve clients in Hamilton County, Fairfield, Norwood, and Forest Park.