No, Ohio is not a no-fault state. Ohio utilizes at-fault doctrine, which means the at-fault driver or their insurance company is liable for damages and expenses incurred in an auto accident.
Ohio utilizes comparative negligence, where the driver's fault is assessed in percentages. If you were found to be more than 51 percent at fault, you cannot recover any damages or compensation.
Liability coverage is required for all Ohio drivers because of the at-fault law. This is how most drivers are able to cover accident expenses if they are determined to be at fault.
No-fault states have unique insurance requirements for their drivers. To improve the efficiency of the process of filing for auto accident compensation, no-fault states do not use negligence law or individual liability to determine who will pay for the (initial) accident damages.
Instead, no-fault states required drivers to file an insurance claim with their own insurance company. This way, injured drivers are protected regardless of who is at fault. This is made possible by personal injury protection (PIP) coverage instead of the injury liability coverage most states require. PIP can be used to cover medical expenses and lost wages in an accident.
Here’s what you need to know about no-fault states:
Personal injury claims are still fairly common in no-fault states. Injured drivers can still file claims against negligent drivers if their damages exceed their PIP limits. In many states the minimum PIP coverage is only $10,000, and it’s not at all uncommon for serious accidents to result in medical bills and lost wages that far exceed that amount.
Being a no-fault state means that drivers must carry personal injury protection (PIP) coverage, which is the initial policy that would pay out auto accident injury insurance claims. Drivers in those states still need to carry property damage liability coverage. Personal injury protection, sometimes called no-fault insurance, creates a clear way to cover expenses in the event of an accident.
Regardless of who is found to be at fault, if you are injured in an accident in a no-fault state, you will first turn to your PIP coverage to file a claim rather than filing a claim with the insurance company of whoever is at fault.
The key difference in auto insurance for no-fault states is that damages are not reimbursed. Instead, losses will be atoned for with the PIP coverage up to your coverage limits and deductible.
In Ohio, we do things differently. Ohio is an at-fault state, meaning that when it comes to financial responsibility for accidents, whoever is deemed to be at fault (or likely their insurance company) is liable to pay for damages and associated expenses.
Negligence determines fault in at-fault states like Ohio, so negligent drivers in auto accidents will be expected to cover the costs of any harm caused.
Instead of filing a lawsuit against the at-fault party, you’ll file with your own insurance company. In no-fault states, you don’t have to worry about the potential of the other driver’s insurance company denying or attempting to devalue your claim – but you may have to worry about your own PIP provider doing so.
Ohio is an at-fault state, so if you’re in an auto accident you may be left to deal with the frustration and effort it takes to hold the at-fault party or their insurance company accountable for your injuries. With the Buckeye Law Group’s auto accident attorneys, you can sidestep the stress by leaving your case in the capable hands of one of our lawyers.
As residents of an at-fault state, Ohio drivers face the risk of their claim being rejected by the other driver’s insurance companies. Don’t let the frustration stop you from pursuing the compensation you’re justly owed. Connect with one of our car accident lawyers to review your case. For a free consultation call us at 1-800-411-PAIN.
The Buckeye Law Group Inc. represents people injured in auto accidents, slip and falls, workplace accidents and more in Ohio. Contact us today to learn more.
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