A car accident is a chaotic, scary and frustrating experience that can leave you with more questions than answers, but you are not alone. You may be able to get compensation to help pay for your post-crash bills and recovery, even if you were partially responsible for the accident.
Here are some things you should know about car crash compensation laws in Ohio.
What is the Ohio comparative negligence law?
Ohio is a fault insurance state, meaning you can seek damages from the at-fault driver’s insurance company. However, Ohio also follows the comparative negligence principle, which means you can only pursue compensation to the degree that the other driver is responsible. The other driver must be responsible for 50% or more of the accident. In other words, if the other driver is 60% at-fault for $10,000 in damages, you can collect up to $6,000 from their insurance company. On the other hand, if you are 51% responsible, you cannot seek compensation.
Who determines fault percentage?
The other driver’s insurance company will investigate the accident’s circumstances to determine each driver’s fault percentage. They will examine details such as:
- Police reports
- Personal statements and eyewitness accounts
- Traffic law violations
- Vehicle damage
- Medical records
It benefits the insurance company to assign you a higher percentage of fault. If you believe your share of responsibility is less than what the insurance company says, you can dispute the decision through legal action.
Do not wait to file an insurance claim. You can seek compensation for a car accident in Ohio, even if you are 50% responsible.