If you or a loved one were involved in an accident in Ohio you may be wondering if Ohio is a no-fault state. The answer to this question affects your legal options. Let’s look at how fault is managed in Ohio and how an experienced personal injury attorney can help with decisions about fault.
What is a No-Fault State?
The term “No-Fault State” refers to how the responsibility for a motor vehicle accident is divided up. Individuals in no-fault states who are injured in an accident are required to first seek compensation through their own personal insurance.
There are currently 12 no-fault states, the others are “At Fault States.”
Is Ohio a No-Fault State?
No, Ohio is an at fault state.
When there is a car accident in Ohio, the person who is found to be at-fault is responsible to pay for injuries and damages of those involved. Ohio comparative negligence laws are used to decide the percentages of fault.
Financial recovery after an accident is dependent on your personal liability for the accident. This means that the damages you are able to claim for your Ohio car accident depend on your assessed percentage of fault. For example:
- You are seeking $100,000 in damages – BUT:
- You were found to be 25% at fault for your accident.
- You would be able to only claim $75,000.
How Do Insurance Companies Determine Who Is At Fault?
To determine fault, Insurance companies carefully review:
- Police reports
- Witness statements
- Weather conditions
- The time of the accident
- Photos taken at the scene
With this information, the insurance company will determine whether you are responsible for any damages caused during the accident.
It’s worth noting that insurance companies are looking to pay out as little as possible. The more at fault you are, the better for them. That’s why it is always a good idea to contact an attorney with personal accident insurance knowledge, like those at Spivak & Sakellariou. Our experienced attorneys can make sure that you are not being taken advantage of by your insurance company.
I’ve Been Found at Fault for My Accident – Now What?
If your insurance company has found you at fault for your
- Ohio car accident,
- Ohio bike accident, or
- Ohio pedestrian accident –
don’t panic. An experienced accident attorney can help you fight back.
Many insurance companies want to save time and money by quickly closing your case. If you’ve been found at fault for an accident, you will want to contact a personal injury attorney. An Ohio pedestrian accident attorney will thoroughly examine your situation from an unbiased perspective.
While you may be primarily at fault for your Ohio car accident, most times, you are not 100% at fault. This means you may still deserve some compensation.
You should look for an accident attorney who has experience with cases in Ohio. This type of experience is vital because:
- It means that the attorney will know what types of claims might be available to you based on the specific facts of your case.
- They will also know how best to present those claims in order to maximize compensation award potential.
I’ve Been Found at Fault for My Ohio Bicycle Accident – Now What?
If you’ve been found at fault for an Ohio bicycle accident, you have options. But it is imperative that you contact a personal injury attorney so that your rights can be protected.
There are many factors that go into determining fault in an Ohio bicycle accident. Those include the following scenarios:
- The other party was driving recklessly.
- The other party did not yield the right-of-way to cyclists.
- The other party failed to see you or turned in front of you.
In each of these cases the other person may also be at fault for causing an accident.
A personal injury attorney will review all relevant evidence from:
- Police reports
- Witness statements
- Photos
- Other pieces of evidence (ex. security camera footage)
These pieces of information are important because they show whether or not someone acted with negligence.
If You’ve Been Found at Fault for Your Ohio Accident GSAS Can Help
Insurance companies and adjusters are masters at negotiation. When you negotiate a settlement with these professionals, it is important that you bring a professional of your own. That is where the experienced team at GSAS comes in. Our attorneys are focused on personal injury cases like yours. We’ve negotiated thousands of settlements for our clients and have a proven track record of results and satisfied clients.
Ohio is at fault state, an attorney at Spivak & Sakellariou can help you understand what that means for your situation. Contact us today for a free consultation.
