Ohio is an at-fault state for motor vehicle accidents, meaning that the at-fault driver is responsible for the resulting damages. The opposite is true in so-called no-fault states, where drivers must first pursue claims under their own insurance policies after an accident, regardless of who caused the damage.
Ohio also utilizes a comparative negligence system to assign blame for the accident. Under this system, an injured party’s compensation is reduced in proportion to their degree of fault. If a party is more than 50 percent at fault for an accident, they cannot recover damages under Ohio law.
What is a No-Fault State?
No-fault insurance states require drivers to file claims with their own insurance company after an accident, so they’re protected regardless of who is at fault for the crash. In general, accident victims in these states can only pursue car accident lawsuits if their damages exceed their mandatory personal injury protection coverage.
In short, at-fault states require the insurance company of the at-fault driver to pay for all damages resulting from an accident, while no-fault states require drivers to use their own personal injury protection coverage to pay for their medical expenses and damages after an accident, no matter who was at fault.
Is Ohio a No-Fault State?
Even though Ohio is not a no-fault state, drivers are still required to have insurance to drive any motor vehicle, and vehicle owners cannot let others drive their vehicles without insurance. Ohio law requires minimum insurance coverage of $25,000 for the injury or death of one person, $50,000 for the injury or death of two or more people, and $25,000 for property damage.
While drivers have the legal right to file claims with the at-fault driver’s insurance after an accident in Ohio, they also have the alternative to file a claim with their own insurers under their own coverage. This option may speed up repairs on your vehicle and allow your insurer to take over negotiations with the other party. However, you would lose control over the process and might not receive the full compensation you deserve.
You should report all accidents to your insurance company, and if the accident caused more than $400 in property damage or bodily injury, you must file a report with the Ohio Bureau of Motor Vehicles.
Ohio is one of 38 U.S. states that operate under at-fault doctrines. The following states operate under no-fault or optional no-fault laws:
- Arkansas
- Delaware
- Florida
- Hawaii
- Kansas
- Kentucky
- Maryland
- Massachusetts
- Michigan
- Minnesota
- New Jersey
- New York
- North Dakota
- Oregon
- Pennsylvania
- Texas
- Utah
- Washington
What Are the Fault Laws in Ohio?
Since Ohio is an at-fault state, your main remedy after an accident is to file a claim against the at-fault party’s insurance company or to sue the driver directly. Since 1980, Ohio has operated under a comparative negligence system, meaning accident victims can recover damages if they are not more than 50 percent at fault. Insurance companies must investigate every accident to determine all parties’ degree of negligence. After fault is determined, any compensatory damages recoverable by the plaintiff are reduced in proportion to either share of the fault.
Before Ohio enacted its comparative negligence laws, the state used a contributory negligence system, meaning that if a party was guilty of negligence to any degree, they could not recover damages after an accident.
If you or a loved one have been involved in a car accident in Ohio and have been deemed partially responsible by the other party’s insurance company, a personal injury attorney can help you challenge the insurer’s apportionment of fault. Additionally, a lawyer can help you avoid low-ball settlement offers from insurers and represent you in court if necessary.
How Do I Prove Fault in Ohio?
If you can establish that another driver’s negligence caused your accident, you may be entitled to compensation for medical bills, lost wages, pain and suffering, disability, disfigurement, loss of enjoyment of life, and more.
To establish that another driver was at fault for a car accident in Ohio, you must demonstrate four elements of negligence:
- The other driver had a duty to drive safely, follow traffic laws, and be mindful of other motorists.
- The other driver breached that duty of care. For example, the other driver may have driven recklessly or violated traffic laws.
- The other driver’s actions caused the accident.
- You suffered damages as a result of the accident.
The driver’s insurance company will determine who is at fault and to what degree. The insurer will investigate the factual circumstances of the accident and consider many factors, including the police report, photos, videos, vehicle damage, witness statements, and more, to determine what a reasonable and prudent person would have done in the situation.
However, you need not accept the insurer’s determination. A knowledgeable and experienced car accident attorney can investigate, gather evidence, and build a strong case to refute the insurance company’s findings. You can file a lawsuit and take the case to court, where a judge or jury will decide your amount of fault and the damages you can receive.
When you choose to work with Gervelis Law Firm, our Rapid Investigation Team will be on-site within 24 hours. They will take photographs of the scene, locate and interview witnesses, draw accident diagrams, and run crash diagnostics to establish the other driver’s fault and clear you of any blame. We’ll aim to gather critical information ahead of the insurance company’s investigation team to build the strongest case possible right from the start.
Contact Gervelis Law Firm Today
After being involved in a car accident, you may be overwhelmed and confused about how to proceed. At Gervelis Law Firm, our experienced Ohio personal injury attorneys work with accident victims every single day. We proudly serve Youngstown, Akron, Toledo, Columbus, Canfield, Warren, and all of Ohio. We know what evidence to look for, what questions to ask, and how to turn that information into a strong legal case.
Gervelis Law car accident attorneys know Ohio and will always keep you informed every step of the way—that’s the Gervelis Guarantee. We meet with clients at their homes, the hospital, or wherever is most convenient.
Contact Gervelis Law today for a free consultation by calling 866-622-4096 or filling out our online contact form.
