What to Do After a Hit-and-Run in Ohio

Let’s say someone hits your parked car and leaves the scene without leaving a note. In that case, immediately call the police so you can file a report. If you were able to get the offending driver’s license plate number, give it to the police officers. When you file a police report, you can later use it when you file an insurance claim, even if you didn’t get the other party’s contact information because they fled the scene.

Now let’s reverse the scenario. As a driver, if you hit someone else’s car, you have to remain at the scene to exchange the following information with the other party.

• Name
• Address
• Vehicle registration number

You’re also required to call the police and remain at the scene until they’ve arrived or you’re removed from the scene by emergency personnel.

If someone leaves the scene of an accident in which you were the victim, you may or may not be able to find out their identity.

If you learn the identity of the at-fault driver and they have insurance, you can get compensated through their liability coverage, a requirement in the state of Ohio. Making a third-party insurance claim with another driver’s insurance company means your rates won’t rise.

If they lack insurance, their limits aren’t high enough to cover your losses, or you can’t identify the driver, you can use your own uninsured motorist coverage, collision coverage, or medical payments coverage. But note that even if the hit-and-run wasn’t your fault, your rates could still rise following any of these first-party claims.

Due to the state’s comparative negligence laws, if you know the identity of the at-fault driver, you can sue them in a civil lawsuit so long as you’re 50 percent or less at fault in the accident. However, if you have any percentage of fault, your compensation will be reduced by that percentage.¹

You may be able to get restitution based on your economic loss, which can include loss of income, medical bills, and funeral expenses. However, the state prohibits you from recovering intangible non-economic losses such as:

• Pain and suffering
• Loss of society, education, training, instruction, etc.
• Mental anguish
• Punitive or exemplary damages

Ohio car insurance costs an average of 53 percent more after a hit-and-run than before. Given that the most recently available data shows that Ohioans paid an average of $781 for car insurance in 2020, they should expect to pay approximately $1,195 after a hit-and-run or any type of accident.²

We analyzed data from the National Highway Traffic Safety Administration’s Fatality Analysis Reporting System (FARS) to see just how common hit-and-runs are in Ohio.

As noted above, fatal hit-and-runs represented 5 percent of all fatal crashes in the state between 2011 and 2021, but this number has been on the rise since 2013. In 2021, the last year for which data is available, it was 7 percent, and the number of fatal hit-and-runs increased by 60 percent from 2019 to 2020 alone. Overall, Ohio saw a 133 percent increase in deadly hit-and-runs during that period.

The most common factor involved with fatal hit-and-runs, aside from their tendency to occur in dark lighting conditions, was alcohol impairment, otherwise known as driving under the influence (DUI). Forty-seven percent of the state’s fatal hit-and-runs in 2021 involved a driver with a blood alcohol concentration (BAC) of 0.08 percent or higher, meaning they were impaired. Twenty percent involved speeding, while none involved distracted or drowsy drivers.

The plurality of drivers involved in fatal hit-and-runs was between the ages of 35 to 44, provided the drivers’ ages were known.

In fatal hit-and-runs in which the sexes of the involved drivers were known, men made up 80 percent.

Here are the laws and penalties surrounding hit-and-runs that you need to know about as an Ohioan driver.

Failure to Stop

On Ohio’s public roads, highways, and local roads, you must stop after an accident, exchange information with the other party, and stay until the police arrive at the scene. If the other party is injured and can’t exchange information, you can tell the police the relevant information.

If you don’t follow this law and flee the scene after hitting a car, you could be guilty of a misdemeanor or, worse, a felony.³ You’ll need to prove you can pay for the victim’s losses, as you’ll be responsible for up to $5,000 in economic losses.

The most serious charge for failing to stop after a car crash is felony level 2, which means the driver knowingly caused death and left the scene. This conviction could result in up to three years in jail and a fine of up to $15,000, among other penalties.⁴

Failure to Report

Drivers must report accidents within six months of their occurrence to the state’s registrar of motor vehicles. If they don’t, it’s a minor misdemeanor that could result in the following penalties:

• Maximum fine of $150
• Up to 30 hours of community service instead of or in addition to the fine
• Restitution and reimbursements

A fight-or-flight response is human nature, so even though your first impulse may be to flee the scene if you hit someone’s car, by law, you’re required to remain there until the police arrive and exchange information with the other driver. The state’s financial responsibility law means that if you have the right insurance in place, your liability insurance should cover the other driver’s injuries and property damages, assuming your limits are high enough.

That’s why driving without insurance is so dangerous — you never know when you’re going to be involved in an accident, even with the most careful driving. Then you’ll pay an even bigger price.