Like many other states, the fault system in Ohio is used to determine how to resolve car crash damages. As you probably already know, nearly every driver will be part of a crash at some point in time. So mostly, it’s just a matter of time. And, you’re probably here because you were recently in a crash and have questions about Ohio’s at-fault laws.
What is the Fault System in Ohio?
Ohio is an outright “Fault” state, which means that unlike comprehensive or other derivatives of fault, the person who caused the wreck pays. In some other states, it’s possible for each driver to have some extent of the fault or a percentage. Then that percentage would impact their compensation. However, in Ohio, it is really an “all or nothing” deal.
That set up for insurance handling and payment makes it a very aggressive process. It’s not uncommon for two drivers to argue ruthlessly that the other party was at-fault or more at-fault. Many times, both drivers will bring in attorneys who will conduct independent investigations and have to prove fault in a court or privately through the insurance companies.
There are times when after a claim, that you will have the opportunity to pursue a personal injury claim against the at-fault driver. This case usually only happens when the driver’s insurance policy was unable to cover all the necessary or justified compensation.
What Insurance Coverage Should You Have?
There are other factors that come into play when deciding which insurance coverage is right for you. The state of Ohio requires a minimum of $25,000 in liability coverage for both bodily injury and property damage. However, you should explore your options for collision insurance and UIM.
Collision insurance in Ohio will help with coverage for your damages. Collision coverage should kick in whether you were at fault or not. This coverage is also inaccessible for others which can make it reasonable to have just for yourself knowing that it won’t go to another driver. Given how aggressive the fault system in Ohio is, having collision coverage can help you start covering your costs while there are still arguments about who caused the crash.
We understand that you didn’t cause the crash, but there is a big gap between the minimum liability coverage in Ohio and most accidents. Most crashes require much more than just $25,000, although the average liability claim nationwide is $15,443. The offset of many more minor injuries makes it difficult to estimate a claim involving serious injuries. Then within the number, many victims don’t claim lost time at work, suffering, or in the event of death, loss of companionship. If your claim exceeds $25,000, you may have a difficult time recovering the remaining expenses unless you have UIM.
You should anticipate the most extensive needs of your insurance policy and aim to have coverage on that level. Work with your insurance provider and get quotes from other companies to find a policy with the greatest amount of coverage for the best rate.
Do You Have to Prove Fault?
In Ohio, yes you have to prove fault. Again, the environment around the fault will make drivers very testy. It’s always best to have an Ohio car accident attorney handle this aspect rather than trying to deal with it yourself. You don’t want to catch yourself in giving statements which can hurt your claim. You also don’t want to involve yourself in conversations which can become hostile because you’re trying to explain the fault.
Ohio attorneys are very familiar with how much drivers want to protect themselves. However, it still comes down to this, and someone is at fault. You are the victim of this crash, and your attorney should work diligently to showcase how you were not at-fault in this wreck.
Choose to protect yourself and to pursue the compensation you need. Hire an Ohio attorney to gather your evidence and build a compelling case for your insurance claim. You may not need to go to court, but you may have to put up a fight.
How to Handle Claims of Fault in a Crash
Contact the Ohio Car Accident Lawyers of Cincinnati, OH for help in protecting yourself from wrongful fault claims. Local accident attorneys are available, and the attorneys of Ohio Car Accident Lawyers help victims of car accidents throughout Cincinnati. After a crash, you will need legal help to clear up this mess. However, if you’ve never had an accident before or have an aggressive driver bothering you, the fault system in Ohio can be treacherous. Don’t fall prey to someone accusing you of fault and your insurance company failing to protect you. Get legal protection now.
