You may have heard of “no-fault states ” regarding car accidents. Some states operate under a no-fault system. This means that each driver’s insurance company pays for their individual damage, regardless of who is at fault.
Ohio is NOT a no-fault state
In plain words, Ohio operates under an at-fault system. This means that the driver who is responsible for the accident is responsible for compensating the other party for damages and injuries.
In our state, you can file a claim against the at-fault driver’s insurance if you are involved in a car accident. You are not legally required to go through your insurance first.
Establishing fault
An essential component in at-fault systems is determining who is at fault. In a car accident, that is the person who caused the accident. To establish fault in Ohio, you must demonstrate that the other driver was negligent.
Negligence requires that four factors be true:
- There is a duty of care
- That duty was breached
- That breach caused the accident
- You suffered damages as a result.
What if both drivers are at fault?
In many cases, fault is not easy to establish, and in many situations, more than one person is responsible. What happens in instances where more than one driver is at fault?
Suppose both drivers share some fault for the accident. In that case, Ohio follows a modified comparative negligence approach, which means that as long as you are less than 51% at fault for the accident, you can still recover damages from the other driver.
Still, your compensation may be reduced according to your percentage of fault.
For example, imagine you are in a car accident and are 20% at fault. Suppose you receive $100,000 in compensation for the damage and injuries.
You will only receive $80,000, which is 20% less than the total judgment. In other words, your percentage of fault is deducted from the total compensation.
If you are 51% responsible for the car accident or more, you are not entitled to seek damages or compensation for damage, harm or injuries.
Call your attorney regardless
Understanding these laws is essential because if you are in an accident, you should immediately call your attorney. Especially in situations where factors remain to be determined in the future, such as fault, you need a competent and confident advocate who can help you achieve the best possible outcome.