Hit and Run in Ohio: Laws, Penalties and What to Do After a Crash

If a driver hit you and left, you are likely hurt, shaken and unsure what comes next. This guide to hit and run Ohio law explains what the law requires of drivers who cause a crash, what to do after a hit-and-run, and how you may still recover compensation.

What Counts as a Hit and Run in Ohio?

A hit-and-run happens when a driver is involved in a crash and leaves the scene without doing what the law requires. Ohio law calls the offense failure to stop after an accident, and many people also call it a “hit-skip.” The crash can involve a pedestrian, a cyclist, another vehicle or a parked car, and it does not matter whether anyone was hurt for the duty to apply.

Hit-and-run accidents in Ohio leave victims with the same medical bills, missed work and property damage as any other crash, plus an added problem: no driver to hold responsible. The sections below cover what the driver was supposed to do, what you should do, and where compensation may come from. If you were hurt, our Ohio car accident lawyer page explains how we approach these claims.

What Ohio’s Hit-and-Run Laws Require of Drivers

Under Ohio’s stopping-after-accident law, a driver who has knowledge of a crash with persons or property on a public road or highway must stop immediately at the scene and remain there until giving the required name and address information. The driver must then remain there until giving a name and address, along with the vehicle owner’s name and address and the vehicle’s registered number, to anyone injured, to the operator or owner of any damaged vehicle, and to the police officer at the scene.

Other parts of the same law cover situations people often miss:

• An injured person who cannot take in the information. The driver must notify the nearest police authority of the location of the crash and the driver’s own name, address and vehicle registration, and then stay until an officer arrives.
• An unoccupied or unattended vehicle. The driver must securely attach the required information, in writing, to a conspicuous place on that vehicle.

Hit and Run Ohio Penalties for Leaving the Scene of an Accident

The penalty depends on the harm the crash caused. Under the same statute, failure to stop after an accident is a first-degree misdemeanor in most cases. When the crash results in serious physical harm to a person, it is a felony of the fifth degree, rising to a fourth-degree felony if the driver knew about the serious harm. When the crash results in a death, it is a third-degree felony, or a second-degree felony if the driver knew a person died.

A conviction also carries a license consequence. For a driver who violates the stopping duty, the court must impose a class five license suspension, and no judge may suspend the first six months of it.

These are criminal penalties paid to the state. They do not pay your medical bills, and a criminal case is separate from your right to seek compensation for your injuries.

What to Do After a Hit-and-Run

What you do in the first minutes and days can protect both your health and your claim. If you are able, take these steps in order.

1. Call the police and report the crash. Call 911 for medical help if anyone is hurt, and ask that an officer come to the scene. A police report gives your insurer and any lawyer a record of what happened.
2. Get medical care. Some injuries, including head and back injuries, do not show their full effect right away. Medical records also tie your injuries to the crash.
3. Write down what you remember. Note the vehicle’s color, make, direction of travel, any part of a license plate number or vehicle registration number and anything distinctive, such as damage or a company logo. Memory fades quickly.
4. Collect evidence. Photograph the scene, your injuries and your vehicle. Look for security cameras at nearby businesses, which may overwrite footage within days.
5. Find witnesses. Ask anyone who saw the crash for their contact information before they leave.
6. Notify your insurance company. Report the crash promptly and read your policy for uninsured motorist coverage.
7. Speak with a lawyer before giving a recorded statement. What you say early can be used later to limit your claim.

Can You Recover Compensation if the Driver Is Never Found?

Often, yes. The most common source is your own uninsured motorist coverage. Ohio law says an auto policy may, but is not required to, include uninsured motorist coverage, so the first thing to do is check whether yours does.

The same law treats the owner or operator of a vehicle as an uninsured motorist when the identity of that person cannot be determined, but independent corroborative evidence exists to prove that the injury was proximately caused by the negligence or intentional actions of the unidentified operator. The testimony of the injured person alone does not count as independent corroborative evidence unless additional evidence supports it.

That is why the steps above matter. A police report, a witness, camera footage or physical evidence at the scene can be the difference between a covered claim and a denied one. Insurers do not always accept a hit-and-run claim at face value, and a lawyer can help you present the evidence. Our guide on recovering damages after a car accident in Ohio covers the types of compensation that may be available.

If the driver is later identified, you may also have a claim against that driver and that driver’s insurer.

How Long Do You Have to Act?

Ohio gives an injured person two years after the cause of action accrues to bring a lawsuit for bodily injury. Your insurance policy may set its own, often shorter, notice requirements for an uninsured motorist claim, so read it or have it reviewed soon after the crash.

Frequently Asked Questions About Ohio Hit-and-Run Accidents