Is Ohio a No-Fault State for Car Accidents?

Car accidents happen all the time in Ohio. According to the Ohio State Highway Patrol, thousands of these accidents result in serious or fatal injuries every year. When you are injured in a car crash, it is essential to understand your rights and options for compensation. Following car accidents in Cincinnati, Ohio, this involves establishing who caused the wreck, understanding how insurance works, and being able to advocate for the best possible outcome.

It is normal to need clarification about your options in the days and weeks following a car crash. This is where a car accident lawyer can become indispensable. Your attorney will carefully review the details of your crash to determine how it happened. Once liability has been established, your lawyer can help you determine the best way to move forward with your case and seek the compensation you need to heal.

We Fight for Victims of Car Accidents in Cincinnati, Ohio

If you need a car accident lawyer in Cincinnati or a nearby area of Ohio, call Burg Simpson at 513-852-5600 to schedule your FREE and confidential case review. We have decades of experience with Ohio’s insurance laws and can help you understand your rights under this fault-based system.

What Is a No-Fault State for Car Accidents?

In a no-fault state, when you are involved in a car accident, you turn to your own insurance company for compensation, no matter who caused the crash. This system is designed to streamline claims and—ideally—reduce the need for litigation.

In no-fault states, drivers are required to carry personal injury protection (PIP) coverage, which pays for medical bills and other expenses resulting from the accident. However, these states also tend to limit the ability to pursue claims against at-fault drivers except in cases of severe injury or significant financial losses.

Currently, only 12 states have true no-fault car accident statutes.

Is Ohio a No-Fault Car Accident State?

Ohio is NOT a no-fault state for car accidents. Ohio operates under a fault-based system, meaning that the driver found responsible for causing the crash is financially liable for any damages. When you are injured in a car accident, you have the right to seek compensation from the at-fault driver’s insurance company. Because this system places a strong emphasis on determining fault, it is essential to gather evidence and document the circumstances surrounding the accident.

The four elements of negligence that are used in determining liability following car accidents in Cincinnati, Ohio, and elsewhere throughout the state are:

1. The responsible driver had a duty to drive safely and prevent a crash
2. The responsible driver breached their duty to drive safely
3. This breach of duty caused injury to someone else
4. That injury has resulted in damages such as medical expenses

In fault-based insurance states like Ohio, all four elements of negligence must be established for a successful personal injury claim to be made. When you meet with our lawyers—free of both cost and commitment–we will carefully listen to your story, discuss the car accident investigation process, and help you decide if taking legal action is in your best interest.

How Is Fault Determined After Car Accidents in Cincinnati, Ohio?

To determine who can be held liable for a car accident in Ohio, several bits of information must be analyzed. These include:

• Police Reports. In Ohio, you are required to report any car crash that results in injury, fatality, or property damage over $1,000. These reports can provide valuable insight into what caused the accident.
• Witness Statements. The accounts of people who witnessed the accident can provide insight into what led to the collision.
• Photographs and Videos. Visual evidence of the accident scene, vehicle damage, and injuries can support your version of events.
• Traffic Camera Footage. Another form of visual evidence, video from nearby traffic or security cameras may provide a clear view of how the accident happened.

Ohio follows a modified comparative negligence rule, which means you can recover damages as long as you are less than 50% at fault for the accident. However, your compensation will be reduced by the percentage of fault assigned to you. For example, if you are found to be 20% at fault, your total recovery amount will be reduced by 20%.

When you are injured in a car accident, you can pursue a claim against the at-fault driver’s insurance company to recover your losses, but establishing fault is central to this process. Having an experienced and proven legal team on your side can help to ensure evidence is properly evaluated and blame is accurately placed.

What Are Ohio’s Car Insurance Requirements?

In Ohio, all drivers are required to carry a minimum level of liability insurance to cover injuries and property damage caused by an accident. The minimum car insurance requirements in Ohio are:

• $25,000 for bodily injury or death per person
• $50,000 for bodily injury or death per accident
• $25,000 for property damage

These minimums may be fine when an accident involves minor injuries or property damage. However, in serious accidents, insurance minimums are seldom enough to cover the full extent of damages. Some people address this issue by purchasing optional coverage.

Optional Auto Insurance Coverage in Ohio

While Ohio only requires drivers to carry liability insurance, many choose to purchase optional coverage for additional protection. Options include:

• Medical Payment Coverage (MedPay). MedPay helps pay for medical expenses incurred by you and your passengers regardless of fault.
• Uninsured/Underinsured Motorist Coverage (UI/UIM). UI/UIM protects you if you are in an accident with a driver who does not have insurance or whose coverage is insufficient to cover your damages.
• Comprehensive Coverage. Comprehensive coverage covers damage to your vehicle caused by non-collision incidents such as theft or natural disasters.
• Collision Coverage. Collision coverage helps pay for repairs or replacement of your vehicle if it is damaged in a collision, regardless of fault.

During your free consultation at our Cincinnati office, we can review the details of your accident along with the specifics of your insurance policy. There may be incidents—if you are in an accident with a driver who only carries liability insurance, for example—where your lawyer needs to work with your insurer to secure proper compensation.

Should I Talk to a Lawyer After a Car Accident in Cincinnati?

Even if Ohio were a no-fault state (and remember, it is not), you would want to talk to a car accident lawyer as soon as possible after your crash. Dealing with the financial issues brought about by medical bills and time away from work, along with the emotional and physical toll of serious injury is more than enough. You should not also be required to negotiate a fair settlement with an insurance company that may be more focused on their bottom line than your full recovery.

By contrast, your car accident attorney will work on your behalf to:

• Investigate your crash
• Identify all causes and liable parties
• Build a case for compensation that includes all of your damages
• Negotiate with insurance for a fair settlement
• Take your case to court if a settlement cannot be reached

While very few car accidents in Cincinnati, Ohio require a jury trial to resolve, it is very important to have a lawyer who is proven both in negotiations and trial settings.

The award-winning attorneys at Burg Simpson have decades of experience negotiating with insurance adjustors and fighting for our clients in court. We welcome the opportunity to meet with you—free of charge and without obligation—to understand your claim, discuss what seeking compensation may entail, and help you decide if filing a car accident lawsuit is your best course of action.

Burg Simpson Is Here to Help

Burg Simpson brings more than four decades of legal experience and a proven track record of success to every case we handle. Our dedicated and compassionate lawyers have substantial experience with car accidents in Cincinnati and throughout Ohio. We know the challenges you are facing. That’s why we strive to provide the guidance and support you need to move forward.

With more than $2 billion in verdicts and settlements recovered for our clients, we have earned our distinction as one of the Best Law Firms in America^®. Whether negotiating with insurance or arguing your case in court, we will relentlessly pursue full compensation for your medical bills, lost wages, and personal pain and suffering. We know what your claim is worth. We will fight for every penny you are due.

At Burg Simpson, we provide each case the individual attention it deserves. By prioritizing personalized attention and clear communication, our attorneys and legal team will keep you informed at every stage of your case.

Our team is invested in every case we take. When you choose Burg Simpson, you can trust your case will be handled with the care, professionalism, and dedication it deserves.

Contact Our Cincinnati Car Accident Lawyers for FREE

Car accidents in Cincinnati, Ohio can result in serious or fatal injury. When you or someone you love is the victim, you need a legal team on your side that will take your case as far as needed in pursuit of justice. Contact Burg Simpson online or call us today to schedule your complimentary consultation and learn how we can help.