Mar 6th, 2023
Paulozzi Joseph

No, Ohio is not a no-fault state when it comes to car insurance. Ohio follows the Tort System, in other words Ohio is an at-fault state. This means that in the event of a car accident, the driver who is found at-fault is responsible for damages caused by the accident. 

Claims for Car Accident Injuries in an At-Fault State

If you’ve been in a car accident where the other driver is at-fault, you may be able to file for damages against the other driver’s insurance. The fault system determines who is financially responsible for losses incurred by an auto accident.

In a no-fault state, the victim must file a claim with his or her own insurance company in order to receive compensation. After you’ve exhausted your own insurance, then you can file a claim against the other driver.

In Ohio, and other at-fault states, the victim is not required to contact their own insurance before filing a claim against the driver responsible for the accident. You can file a claim with the at-fault driver’s insurance company to seek damages. 

The insurance company will investigate the accident to determine who was at fault and the extent of the damages and injuries. They may request additional information from you, such as medical bills and records, and may also ask you to provide a statement about the accident.

If the insurance company determines that the at-fault driver is liable for the damages and injuries, they will typically offer you a settlement to cover your losses. It is important to carefully review any settlement offers and to consult with an attorney before accepting them, as insurance companies may offer a lower amount than what you are entitled to receive.

If the insurance company denies your claim or offers an inadequate settlement, you may need to file a lawsuit against the at-fault driver to seek compensation. In this case, it is crucial to have an experienced personal injury attorney on your side who can help you navigate the legal process and fight for your rights.

How Do I Prove Fault in Ohio?

In order to prove fault in an auto accident in Ohio, you must be able to prove that the other driver was negligent. You may prove one of four elements of negligence:

  • The driver had a duty of care to drive safely, follow basic traffic laws, and be cognizant of other motorists
  • The driver breached that duty in some way, for example, by violating traffic laws
  • The driver’s actions caused the accident
  • You suffered damages as a result

Proof of fault can come in a variety of ways. You may prove the other driver responsible for the accident through eye witness testimony, police reports, and photos of the scene of the accident. 

Damages in a Car Accident

When you seek compensation through a claim, you’re filing for damages. These damages can include the following:

  • Vehicle damage
  • Lost wages
  • Medical bills
  • Physical pain 
  • Mental anguish

You’ll need to prove these losses which can prove to be difficult. Working with a seasoned car accident attorney is the simplest and most effective way to navigate this complicated situation. An experienced attorney is an expert at working with insurance companies, and will work hard to get you the compensation you deserve. 

How Does Comparative Negligence Work in Ohio?

Ohio operates under a comparative negligence system, which means that if both parties involved in an accident were partially at fault, their degree of fault will be taken into account when determining damages.

Under comparative negligence, each party is assigned a percentage of fault for the accident. For example, if one driver was found to be 70% at fault for an accident, while the other driver was found to be 30% at fault, the damages would be divided accordingly.

In Ohio, if you are found to be partially at fault for an accident, your damages will be reduced in proportion to your percentage of fault. For example, if you were found to be 20% at fault for an accident, and the total damages were $10,000, your award would be reduced by 20%, resulting in a final award of $8,000.

It is important to note that Ohio follows the 51% rule which means that if you are found to be 51% or more at fault for the accident, you will be barred from recovering any damages. This means that it is essential to work with an experienced personal injury attorney who can help you prove the other party’s fault and minimize your own degree of fault.

Overall, comparative negligence can significantly impact the outcome of a personal injury case in Ohio. If you have been injured in an accident and believe that you may be partially at fault, it is important to seek legal guidance as soon as possible to protect your rights and ensure that you receive the compensation you deserve.

What To Do After A Car Accident In Cleveland?

There are several steps to take after a car accident to ensure you protect yourself in terms of the law and your own health.

  • Seek medical care if you are seriously injured. Your health is the #1 priority and should be taken care of first. And, legally, if you wait to seek medical attention, the opposing party’s insurance company can try to claim that you are exaggerating your injuries since you waited to seek medical care.
  • Call the police. It might seem extreme to call the police, but it is very important to do so right away and file an accident report immediately. It will bring a cop to the scene of the accident and allow them to talk to any witnesses and get a full picture of the accident right away.
  • Exchange information with the other driver. Get each other’s information. You’ll need their insurance policy information if you will be filing a claim and seeking damages. 
  • Document the accident. Taking pictures of the accident is always a good idea to get evidence of damages and have an account of the scene right after the incident.
  • Get witness information. Identify and get information from any witnesses who saw the accident. Their testimony may prove to be very important in the future.
  • Contact an experienced attorney. A good attorney will give you the best advice and help you navigate this complicated situation easily.

Contact an Attorney for More Information on At-Fault Auto Insurance Claims in Ohio

Navigating an at-fault auto insurance claim in Ohio can be a complex and challenging process, particularly if you are dealing with injuries and other losses. However, by understanding how the system works and working with an experienced personal injury attorney, you can increase your chances of receiving the compensation you need to cover your damages and move forward.

If you have been involved in an auto accident in Ohio and are unsure about your legal rights or the best way to proceed, we encourage you to reach out to a qualified attorney for assistance. Contact our experienced attorneys today at Paulozzi LPA to learn more about at-fault auto insurance claims in Ohio and get help with your auto accident today.


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