Motor Vehicle Accident FAQs

Cubbon and Associates represents individuals injured in motor vehicle accidents. These can include accidents involving cars, motorcycles, trucks, trains, bicycles and pedestrians. These claims are against other negligent drivers as well as against a person’s own insurance company if the injuries were caused by a negligent drive who was uninsured or underinsured. We also handle claims involving medical payments benefits for individuals who have been injured in an accident, Michigan no-fault claims, and other claims arising out of automobile insurance policies.

If you have been involved in an automobile accident, we recommend the following action immediately:

  1. Report the accident to the police.
  2. Seek immediate medical attention.
  3. Contact us before you speak to any insurance representatives or other investigators.
  4. Take several photographs of your damaged vehicle, and any cuts or bruising that you may have suffered.

Years of experience tells us that we can assist our clients in obtaining the most satisfactory recovery if we are able to become involved immediately after the accident. There is no charge for an initial consultation and we may be able to best preserve your legal rights by early involvement.

Statute of Limitations

In Ohio, generally, the Statute of Limitations for a motor vehicle claim is two (2) years from the date of accident. There are exceptions and you should rely on the personal advice of an attorney to determine when a lawsuit must, at the last date, be filed against the wrongdoer. The scope of this informational page cannot include all unique circumstances which an attorney will consider in determining the appropriate statute of limitations and is not intended to do so.

Call us and we will be happy to discuss the Statute of Limitations that applies to your case.


What can I recover if injured in an auto accident?
Your recovery depends upon the laws of the state where you were injured. In Ohio, an individual who is injured in a car accident is entitled to recover for his or her medical bills, lost wages, permanent injuries, and for pain and suffering. The amount recoverable for pain and suffering depends in large part on the type of injury sustained.

Should I take photographs?
Yes. It is always a good idea to take photographs of important facts relating to your claim, such as the property damage to your vehicle and any cuts, bruises, or scrapes you have sustained. You are pursuing the injury claim against the wrongdoer, and, therefore, the burden is on you to prove that you were injured.

Should I allow the other driver’s insurance company to take my recorded statement?
No!!! The opposing insurance company has only one interest — to reduce the amount of money they ultimately will have to pay on this claim. Your recorded statement can be used against you when attempting to settle the claim. You should have legal representation before you give ANY statements.

Should I sign any papers for the other driver’s insurance company?
NO!!! It is important that papers be signed only when there is a full understanding of their content and how they may later be used. Giving the other driver’s insurance company a medical authorization allows that company to obtain any of your medical records (even those not related to the accident) and speak with your doctors. This is never a good idea.

Is there anything I can do to assist in proving my damages right from the start?
Yes. Take at least a dozen or more photographs of your property damage, and a like number of any cuts, scrapes, or bruises you may have suffered in an accident. If the accident caused property damage to a pole, building or other structure take photographs of that damage. If you are able, take photographs of the other cars involved and any slid marks left on the road.

The accident was not my fault, why should my health insurer pay the bills?
If you have health insurance, you should use this to pay your medical bills. In most circumstances, it will take some time to settle your injury claim against the responsible party. In the meantime, unless you use your health insurance or your own funds, the bills will not be paid and your credit may be damaged. Once your injury claim is resolved, your health insurer will be reimbursed, if required.