CALL TODAY FOR A FREE CONSULTATION

Who Pays for Damages in a No-Fault State?

Call for a free consultation Request a free consultation

Despite spending a good portion of our lives driving, we can’t deny how easy it can be to get into an accident. If this happens to you, one of the first issues you’ll normally encounter is figuring out the distribution of blame and whose insurance pays for vehicle damage and injuries.

There are some states where blame doesn’t matter in regard to injuries – at least not immediately. For example, if the car crash happened in a no-fault state, each driver is responsible for their own medical costs (up to their PIP limit), rendering it impossible to take legal action unless medical costs, lost wages and pain and suffering exceed their personal policy limits.

The same is not true for property damage costs, in which fault does still matter in no-fault states. The at-fault party’s property damage liability coverage should pay for the other driver’s vehicle repairs or replacement.

Is Ohio a no-fault state? No – it’s an at-fault state (otherwise known as a tort state), meaning that responsibility for injuries can be assigned to a driver and dealt with legally. If you decide to sue the at-fault party for damages related to injuries, you can only do so in an at-fault state or in certain circumstances in no-fault states (like if you suffered a catastrophic injury resulting in a disability, permanent scarring, etc.).

What Does “No-Fault State” Mean?

In a no-fault state, each driver’s personal injury protection (PIP) insurance (or “no-fault” insurance as it’s also called since it’s only a policy in no-fault states) will cover their own injuries, diminished wages and any other injury-related losses suffered from the accident. Regardless of which driver is at fault, you are responsible for your own medical costs, even if you’re left with thousands of dollars in debt, unless certain conditions are met. 

However, even in a no-fault state, automotive property damage must be paid with the liable driver’s insurance. The party who is not at fault can also pursue recompense for their pain and suffering damages. Still, drivers in these states will have to cover most of their own medical expenses while not being able to pursue a personal injury lawsuit against the offending driver.

What is an “At-Fault State,” And What Does That Mean for Ohio Drivers?

Thankfully, Ohio is an at-fault state. As the name implies, in an at-fault state, the driver who is found responsible is liable for almost all damages caused by the accident.

In addition to paying their own damages (which may or may not be covered depending on their own insurance policies), they are also required to compensate the other party using their property damage liability and bodily injury liability portions of their insurance policy. If the expense exceeds their policy limit, they may be forced to pay out-of-pocket.

Because one must be assigned fault in an at-fault state, there is often a lengthy insurance investigation and negotiation process to decide who was to blame. As a result, car accident injury insurance claims may take longer to process.

Since Ohio is an at-fault or tort state, if you’re in an accident, you can take legal action to pursue compensation if needed. If the collision wasn’t your fault, you shouldn’t have to shoulder the costs alone. Whether there is trouble deciding who caused the accident or whether the at-fault party’s insurance won’t give you a proper reimbursement, the Buckeye Law Group can help.

Attorneys in the Buckeye Law Group Network Have Won More Than One Billion Dollars in Settlements and Verdicts for Our Clients

Our team of experienced lawyers fight for the fair settlements our clients deserve in all sorts of accidents. Whether the collision was with a bike, car, truck, bus, motorcycle or an Uber or Lyft driver, our lawyers have the knowledge and expertise to support your case. No matter the circumstances, we will work hard to help you get the settlement you deserve. 

Learn more about what the Buckeye Law Group can do for you. Call 1-800-411-PAIN or visit our website for a free case consultation.

Legal Steps for Families of Railroad Accident Victims

When Tragedy Strikes on the Tracks Railroad accidents are rare, but when they occur, they often result in catastrophic injuries or death. Families of victims are left grieving—and facing a

The Role of Speed Limits in Reducing Pedestrian Injuries

Why Speed Limits Matter More Than You Think Speed limits are not arbitrary—they are critical safety measures based on road design, pedestrian traffic, and historical accident data. For pedestrians, the

Surgical Errors: When the Operating Room Becomes a Legal Battlefield

Surgery Should Heal—Not Harm Every surgery carries risk, but some outcomes are simply unacceptable. Surgical errors—often the result of negligence—can leave patients with lifelong complications or even result in wrongful

Radiology Errors: The Hidden Danger Behind Medical Misdiagnoses

Why Radiology Accuracy Is Essential to Your Health Radiology is one of the most powerful diagnostic tools in modern medicine—but when errors happen, the consequences can be life-altering. From cancer

Motorcycle Accidents in Ohio: Protecting Riders After Serious Crashes

Injured While Riding? Here’s What You Need to Know Motorcycle riders are some of the most vulnerable people on Ohio roads. Without the frame of a car to protect them,

What to Do After a Drunk Driving Accident in Ohio

Hurt by a Drunk Driver? Know Your Rights and Legal Options Drunk driving accidents can change lives in a matter of seconds. One moment you’re safely driving home, and the

Gastric Bypass Malpractice: When Weight Loss Surgery Goes Wrong

Gastric bypass surgery has become an increasingly common procedure for individuals struggling with obesity and its associated health risks. While many patients undergo this surgery successfully and experience life-changing benefits,

Spinal Cord Injury: Understanding the Medical and Legal Consequences

Spinal cord injuries (SCIs) are among the most devastating physical traumas a person can endure. Often the result of serious accidents, these injuries can lead to a lifetime of pain,

The Importance of Sobriety Checkpoints in Preventing Accidents

Drunk driving continues to be a leading cause of fatal traffic accidents in the United States. Despite public awareness campaigns and strict laws, thousands of lives are still lost every

Understanding the Legal Consequences of Distracted Driving

Distracted driving is one of the most dangerous behaviors on the road today. Whether it’s sending a text, adjusting a GPS, or even eating while driving, taking your eyes or

More Posts