Car crashes are stressful enough without having to navigate confusing insurance laws. When you’re injured in a collision in Ohio, one of the first questions you need answered is: “Is Ohio a no-fault state for car accidents?”
The answer is no, Ohio is not a no-fault state. This is good news if you were injured in an accident because it means you can hold the at-fault driver responsible and seek full compensation for all your damages, including pain and suffering.
What is a No-Fault State for Car Accidents?
In no-fault states, drivers must file claims with their own insurance companies regardless of who caused the collision. These states require Personal Injury Protection coverage (or PIP insurance), which pays for medical expenses and lost wages without determining who was at fault.
No-fault insurance systems limit your ability to file a lawsuit against the at-fault driver unless your injuries meet certain severity thresholds.
Ohio is an At-Fault State for Car Accidents
Ohio operates on an at-fault insurance system. This means the driver who caused the accident is responsible for paying for the damages and injuries they caused.
Under Ohio law, you have the right to:
- File a claim with the at-fault driver’s insurance company
- Pursue compensation for all your damages, including medical bills, lost wages, pain and suffering, and property damage
- File a lawsuit against the at-fault driver if their insurance company refuses to offer fair compensation
This system gives you more options for seeking full compensation compared to no-fault states.
How Ohio’s At-Fault System Works
After a car accident in Ohio, determining fault is crucial to your claim. The at-fault driver’s insurance company is responsible for compensating you for your injuries and losses.
Here’s what typically happens:
- Investigation of Fault: Your personal injury attorney will review the police report, gather witness statements, analyze photographs from the scene, and consult with accident reconstruction experts if needed to establish who was responsible.
- Filing Your Claim: You can file a claim directly with the at-fault driver’s insurance company and your own insurance company especially if your accident happened in a no-fault state. The insurance provider will investigate the accident and review your damages before making a settlement offer.
- Negotiation: Insurance companies often try to minimize payouts. Your attorney will negotiate with the insurance company to ensure you receive fair compensation for all your current and future damages.
- Lawsuit if Necessary: If the insurance company refuses to offer a reasonable settlement, you have the right to file a lawsuit and take your case to court.
What if You Share Some Fault?
If your car accident happens in Ohio, then a modified comparative negligence law applies to your case. This means you can still recover compensation even if you were partially at fault for the accident, as long as you were less than 51% responsible.
Your compensation will be reduced by your percentage of fault. For example, if you’re awarded $100,000 but found to be 20% at fault, you would receive $80,000.
This means you shouldn’t have to worry that a small mistake will prevent you from recovering damages for serious injuries caused primarily by another driver’s carelessness.
Minimum Car Insurance Requirements in Ohio
Ohio requires all drivers to carry liability insurance to cover the minimum amounts of:
- $25,000 per person for bodily injury
- $50,000 per accident for bodily injury (when multiple people are injured)
- $25,000 per accident for property damage
Unfortunately, these minimum amounts often fall short of covering serious accident injuries. If the at-fault driver only carries minimum coverage and your damages exceed those limits, you may need to explore other options for compensation, like a medical payment coverage policy to cover medical expenses.
What Compensation Can You Recover in Ohio?
Because Ohio is an at-fault state, you can pursue full compensation for all damages related to your accident, including:
- Medical expenses (emergency care, surgery, hospitalization, medications, physical therapy)
- Future medical costs for ongoing treatment
- Lost wages and lost earning capacity
- Property damage to your vehicle
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Permanent disability or disfigurement
Time Limits for Filing a Claim in Ohio
Ohio’s statute of limitations gives you two years from the date of the accident to file a personal injury lawsuit. Missing this deadline could prevent you from recovering any compensation at all.
Don’t wait. The sooner you contact an attorney after your accident, the better. Early action allows your legal team to:
- Preserve critical evidence before it disappears
- Interview witnesses while their memories are fresh
- Begin negotiations with insurance companies promptly
- Protect your rights throughout the claims process
Why Choose GB Law as Your Ohio Car Accident Attorney
At GB Law, we’ve successfully represented car accident victims in Columbus and throughout Ohio for over 30 years. We understand Ohio’s at-fault insurance system and know how to hold negligent drivers and their insurance companies accountable.
Our attorneys will:
- Conduct a thorough investigation to establish fault
- Gather all necessary evidence to support your claim
- Handle all communications with insurance companies
- Fight for full compensation for all your current and future damages
- Take your case to trial if necessary to get you the results you deserve
We work on a contingency fee basis, which means we won’t take a penny unless you accept a settlement or win a verdict. There’s no financial risk to you when you hire GB Law.
Frequently Asked Questions
Do I need an attorney if the other driver was clearly at fault?
Even when fault seems obvious, insurance companies will look for any reason to reduce or deny your claim. An experienced attorney protects your rights and ensures you receive fair compensation rather than accepting the insurance company’s initial low offer. You can contact our law firm for a free consultation.
What if the at-fault driver doesn’t have insurance?
If you’re hit by an uninsured driver, you may be able to recover compensation through your own uninsured motorist coverage.
Most car insurance policies, including comprehensive coverage policies, do not include uninsured and underinsured motorist coverage (UIM) by default.
We strongly recommend adding uninsured motorist coverage to your current auto insurance plan.
Can I still file a claim if I wasn’t sure who was at fault?
Yes. Determining fault requires a thorough investigation of the accident. Your attorney will gather evidence and work with experts to establish responsibility. Don’t assume you can’t recover compensation just because fault isn’t immediately clear.
What should I do right after an auto accident in Ohio?
If you were involved in a car crash, call 911 immediately, even if your injuries seem minor. Seek medical attention, report the accident to the police, document the accident scene with photos, exchange contact and insurance information with the other driver(s), and contact an Ohio car accident attorney before speaking to any insurance companies.
Contact GB Law Today for a Free Consultation with Personal Injury Lawyers
If you’ve been injured in a car accident in Ohio, we understand how stressful this time is for you and your family. While you focus on your recovery, let us handle the legal complexities of your personal injury claim.
Call us today at 614-222-4444 for a free consultation. Our experienced car accident lawyers are ready to fight for the compensation you deserve.
Don’t let insurance companies take advantage of you. Contact GB Law now to protect your rights under Ohio’s at-fault insurance system.