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Is Ohio a No-Fault State for Car Accidents? (And Why It Matters)

You may have heard that some U.S. states use “no-fault” or “at-fault” systems to handle car accident cases. But how does Ohio law handle fault for car accident cases? Understanding why the fault system for car accidents in Ohio matters can help you pursue maximum financial recovery for injuries you sustained in a crash. 

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What Does “No-Fault” Mean for Car Accident Cases?

Some U.S. states have a “no-fault” system for handling car accidents. In “no-fault” states, the law requires all drivers to have auto insurance that includes personal injury protection (PIP) coverage. PIP coverage can pay for medical expenses and some lost wages for a vehicle occupant who gets hurt in a car accident, regardless of who may have caused the crash. People who suffer injuries in car accidents in no-fault states must first turn to their personal injury protection coverage to obtain compensation for medical bills and lost wages. Because PIP coverage must pay an insured regardless of fault, these insurance systems have become known as “no-fault” systems. In no-fault systems, an injured car accident victim’s right to pursue legal action against the driver responsible for the crash may depend on whether the victim exhausts their PIP coverage or has suffered serious, qualifying injuries. However, some states allow insureds to opt out of limitations on the right to pursue legal action.

Is Ohio a No-Fault State?

Unlike states such as Florida, Massachusetts, New York, and Michigan, which use no-fault systems, Ohio follows an “at-fault” system for car accident cases. In an at-fault system, an injured car accident victim can file a legal claim or lawsuit against the driver(s) responsible for causing the crash without needing to turn to the victim’s insurance coverage for compensation first. Whereas no-fault systems assign financial responsibility for medical expenses to a mandatory insurance system, at-fault systems hold drivers who cause crashes liable for injuries and losses resulting from an accident. However, at-fault drivers in Ohio must have liability insurance to help pay for such losses.  

How to Determine Fault for a Car Accident

Various kinds of evidence can help police, insurance companies, and juries determine fault for a car accident in Ohio, such as:

  • Police accident reports
  • Accident scene photos and videos
  • Witness testimony
  • Dashcam or surveillance/traffic camera footage
  • Vehicle computer logs
  • Cell phone records
  • Accident reconstruction expert reports and testimony

Ohio also follows a “modified” comparative negligence rule to determine fault in a car accident. Under this rule, a driver may still pursue a compensation claim if their share of fault for the crash does not exceed the fault or combined fault of all others responsible for causing the accident. However, any share of fault that a driver bears for the accident can proportionally reduce their financial recovery in a car accident lawsuit. 

Why Ohio’s At-Fault System Matters After a Car Crash

Ohio’s at-fault system matters for car accident victims, as it allows them to pursue compensation for their losses from the driver or drivers responsible for the accident. Rather than relying on an insurance company to pay for medical bills or lost wages, the at-fault system enables an accident victim to hold a liable driver responsible for losses.

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Common Situations Where Disputes Over Fault Arise

The at-fault system can lead to vigorous disputes between drivers over who caused a car accident. Common scenarios where disputes over fault can arise include:

  • Intersection accidents
  • Left-turn accidents
  • Rear-end collisions with allegations that the driver in front stopped unnecessarily or brake-checked
  • Multi-vehicle accidents/pileup collisions

Contact a Car Accident Attorney Today

Ohio’s at-fault law can have a significant effect on your rights and options in a car accident claim when you’ve suffered injuries in a crash caused by another driver’s negligence. Contact Kitrick, Lewis & Staley-Sladek Co., L.P.A. today for a free, no-obligation consultation with a car accident lawyer to learn more about the fault system for car accidents in Ohio.