When a driver is entirely to blame for a crash in Ohio, they are responsible for the resulting damages. But what if both drivers contributed to the crash? Who pays whom, and what happens next?
Ohio law covers this situation, and understanding the law can be the difference between accepting a lowball settlement and fighting for what you deserve.
Ohio’s comparative negligence rules explained
Ohio follows a modified comparative negligence system, which means your compensation gets reduced by your percentage of fault rather than eliminated outright. For example, if a jury or insurance adjuster decides you were 20% responsible for the crash, your payout shrinks by that much.
You lose your right to recover anything, however, if you’re found to be 51% or more at fault. In other words, you cannot file a claim against the other driver if you were primarily responsible for causing the crash.
What if you’re unfairly blamed?
Fault determinations in car accident claims are not always an accurate picture of what really happened. They may be based on limited information, early assumptions at the scene or inaccurate statements given immediately after the crash.
There is also a strategic element at play. Insurance companies have a financial incentive to shift as much responsibility as possible onto the other party. Even a small increase in assigned fault can significantly reduce what they have to pay. If your share of fault is overstated, it can directly reduce your compensation or even bar recovery entirely if it pushes you over the 51% threshold.
Understand your rights
You have the right to challenge an insurer’s fault assessment if it doesn’t reflect how the crash occurred. These determinations are not infallible, and they can be reviewed when they are founded on incomplete facts, misinterpreted evidence or premature conclusions drawn before all the details are known.
If you shared fault for a crash in Ohio, seeking legal guidance can strengthen your position in disputing an unfair fault assignment and navigating other complexities of the claims process while safeguarding your interests.