Understanding Ohio fault for auto accidents

On Behalf of | Jul 18, 2021 | blog

Ohio uses a fault system for auto accident injuries. As a result, you have a choice of options to seek compensation after suffering injuries in a crash caused by someone else.

Review these possibilities and learn more about available legal damages in Ohio car accidents.

Insurance compensation

You can file a claim for your property damage and injury costs with your own insurance company. If they believe another driver caused the accident, they will pursue that driver’s insurance policy for reimbursement. In cases involving clear fault such as reckless driving, you can file a claim directly with the other driver’s insurance provider.

Personal injury claims

You can also bypass the insurance system and sue the responsible driver in Ohio court. Some drivers do not have insurance. Others carry only minimum liability that does not cover the full cost of your expenses, especially if you have debilitating injuries. In some cases, the insurer may dispute your claim, dispute fault on behalf of the policyholder or delay processing.

The amount of a personal injury settlement or legal award varies dramatically based on the circumstances of each case. You can collect the full amount of monetary damages such as lost earnings, repairs to your vehicle and medical bills. Ohio limits noneconomic damages, such as physical and emotional pain and suffering, to three times the economic damage award or $250,000.

Regardless of how you decide to proceed, you should let your insurance provider know right away if you have an auto accident. If you opt to go to court, you have two years to file a personal injury claim in Ohio.