Is Ohio a No Fault State for Car Accidents?

May 14, 2024
By admin
Is Ohio a No Fault State for Car Accidents

Following a car accident, determining who is at fault is going to be extremely important. Who is at fault is a critical factor in any type of car accident, especially if the state where the car accident happens is an at-fault state and not a no fault state.

Below, we take a look at if Ohio is a no fault state for car accidents and what exactly that means for anyone who has been involved in a car accident.

Disclaimer: The following is not legal advice. It is general information meant to inform. Please schedule a free and confidential consultation with one of our Columbus car accident lawyers for individual assistance.

What is a No Fault State?

States typically adopt one of two approaches to determine fault in incidents like motor vehicle accidents. In a no-fault state, drivers must carry specific insurance coverage, including minimum personal injury protection (PIP). This ensures that all drivers are covered in the event of an accident, regardless of fault. Consequently, insurance claims in no-fault states are handled differently. Instead of filing a claim against the at-fault driver, each party involved files a claim with their own insurance provider. However, individuals injured in accidents can still pursue claims against a negligent driver’s insurance if their damages exceed what their PIP covers.

Is Ohio a No Fault State for Car Accidents?

So, is Ohio a no fault state for car accidents? No, it is not. Ohio follows an at-fault system. Only 12 states, including Hawaii, Florida, Kentucky, Massachusetts, North Dakota, and New York, operate under a no-fault system.

As an at-fault state, this means that for the driver who is found to be at fault for a car accident in Ohio, the driver and/or their insurance company will be held liable for any damages and costs associated with the car accident.

Following a car accident that was caused by the negligence of a driver, fault will need to be proven. Fault in a car accident will typically be determined on the factors of the case and its evidence which can include:

  • Eyewitness statements
  • Police reports
  • Medical reports
  • Road conditions and weather at the time of the accident
  • Pictures and videos of the accident itself and the accident site

To establish fault, four elements of negligence will need to be proven:

  • The driver had a duty of care to operate the vehicle safely,
  • The driver breached this duty, for example, by driving recklessly or violating traffic laws,
  • The driver’s actions directly caused or contributed to the accident,
  • That you suffered injuries and/or damages as a result of the car accident

Despite Ohio’s at-fault approach, the state law also makes use of comparative negligence.

How Does Ohio’s Fault Law Work?

Comparative negligence involves assessing the fault of all drivers involved in a car accident as percentages. In Ohio, as a state that utilizes comparative negligence, if a driver is deemed to be no more than 50% responsible for a car accident, they are still seek to recover damages.

However, if a driver be found to be responsible for 51% or more of an accident, they cannot recover damages.

If you have questions regarding comparative negligence or what being an at-fault state means, be sure to reach out to The Friedmann Firm, LLC. One of our Columbus car accident lawyers can look over the details of your case.

Contact a Columbus Car Accident Lawyer at The Friedmann Firm

If you or a loved one has been injured in a car accident due to another person’s negligence, you may have grounds to file a personal injury claim against the responsible party. While it’s possible to pursue a personal injury claim on your own, we strongly recommend reaching out to a Columbus car accident lawyer for assistance. Personal injury cases can be complex, particularly in at-fault states like Ohio, where establishing the liability of the responsible party is crucial.

A Columbus personal injury lawyer from The Friedmann Firm, LLC will be able to provide you with experienced legal representation from the start to finish of filing a personal injury claim after a car accident. We ensure that all damages from the car accident are included in your claim, all deadlines are met, and strive to secure a settlement that fully compensates you for your losses.

To schedule a free and fully confidential consultation with a Columbus car accident lawyer from our law firm, reach out today. You can speak with us over the phone at 614-610-9755 or through our online contact form.