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Is Ohio a No-Fault State?

Updated: March 17, 2020
Antony Abboud
By Antony Abboud

Antony “Tony” Abboud is a partner and one of the proud founders of Gounaris Abboud, LPA. His law career included positions as a municipal court prosecutor and acting magistrate. He has been blessed to focus his 20-year law career in the two areas of criminal and traffic defense.

is ohio a no fault state for auto insurance

When you experience an auto accident, it brings your routine to a halt.

Instead of making your way to work or school, you may need to seek medical attention and figure out alternative transportation.

Then come the bills. Hospital costs and auto repairs add up to alarming dollar amounts.

When the bills start piling up, you may decide to take a serious look at your auto insurance. What will it pay? What should it pay?

One question you may ask when trying to evaluate your auto insurance involves a concept known as fault. Is Ohio a no-fault state for auto insurance? If so, how does this affect your claim?

Keep reading for more information on Ohio auto insurance laws.


What Does No-Fault Mean?

A no-fault state requires your auto insurance to pay your medical expenses from an accident, even if the accident was not your fault. No-fault auto insurance usually pays medical bills up to a certain policy limit. If medical expenses exceed that limit, the policyholder may sue the driver who caused the accident. 

So is Ohio a no-fault state for auto insurance? No, Ohio rejects this standard of compensation. So if you live in Ohio, no-fault state auto insurance rules do not apply. Ohio requires fault-based auto insurance claims. This means that you recover medical expenses and car repairs from the person who caused the accident. 


How Does This Rule Affect Me? 

Instead of filing a claim with your auto insurance, you file a claim with the at-fault party’s auto insurance. If the person who caused the accident is uninsured, then it’s up to you to pay your own accident expenses. Some drivers purchase an additional policy to cover accidents caused by an uninsured or underinsured driver. 

The at-fault party’s insurance company may try to avoid paying for all your expenses from the accident. After all, the insurance company is trying to maximize its profits, and it doesn’t help them to pay large claims.

If you feel intimidated trying to negotiate with the at-fault driver’s insurance company, an experienced car accident attorney can help. Insurance companies can intimidate injured claimants, but an experienced car accident attorney knows how to negotiate with an insurance company for a maximum settlement. 


What Is Comparative Negligence? 

When more than one person is at fault for an accident, each individual’s responsibility to pay is based on the principle of comparative negligence. Comparative negligence allows you to recover damages from another driver based on their percentage of fault. For instance, imagine that you sustained $100,000 worth of damages (such as medical bills and auto repairs) in an accident. If the other driver was 60% responsible for the accident and you were 40% responsible, you would be able to recover $60,000 from that driver. 

In Ohio, you cannot recover anything from the other driver if you are more than 50% responsible for the accident. 


How Can an Accident Attorney Help? 

If you’ve experienced an accident due to someone else’s negligence, you need skilled legal representation to get the money you’re owed. An experienced car accident attorney can evaluate your case and advise you of your best legal options. The attorney will also investigate the details of the car accident, interview witnesses, and request compensation from the at-fault party’s insurance. 

Most insurance companies want to settle, so a car accident attorney will press for the maximum settlement amount. However, if an insurance company refuses to cooperate with settlement negotiations, your attorney should be prepared to proceed to a jury trial.

If you have been injured in an Ohio car accident, call the experienced attorneys at Gounaris Abboud, LPA, at 937-222-1515, or contact us online for a free consultation. We have nearly five decades of combined legal experience, and we know how to negotiate with insurance companies to get the full settlement you deserve.

Available 24/7 & Obligation-Free