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Our LocationsOhio is an at-fault state, so the insurance of the driver who caused the crash pays first. Your own coverage, such as MedPay, collision, or uninsured motorist coverage, can fill the gaps when the at-fault driver has too little insurance or none at all.
In Ohio, every driver must carry a minimum amount of insurance coverage, yet getting compensation if you’ve been injured can be tremendously complex.
You can secure maximum compensation from all appropriate parties by understanding the laws regarding car insurance, negligence, and auto accident liability. If you’re confronted with insurance issues or worries about securing total compensation, the Ohio car accident attorneys at Kisling, Nestico & Redick are here to help.
We will diligently evaluate your case, assist in establishing liability, and strive to maximize the damages you recover. Call 1-800-HURT-NOW for a free, no-risk consultation.
Perhaps the most frequently asked question after a car accident is, “Whose insurance will pay for damages, medical bills, and other losses?” The answer will depend on factors like policy limits of the parties involved. Much also rests on state law regarding fault and liability.
States primarily follow one of two systems regarding car insurance liability: the no-fault system or the at-fault (also known as tort) system. In no-fault states, your insurance company pays for car accident damages (up to your policy limit). This is regardless of who caused the accident. In at-fault states, like Ohio, the driver’s or responsible party’s insurance pays.
While a no-fault system may seem like a more direct way to secure compensation, Ohio’s at-fault system has advantages. Under this system, motorists are held accountable because accidents can result in higher insurance premiums for the driver who caused the crash. The at-fault system also provides flexibility in pursuing compensation. If the circumstances call for more than a single claim would allow, a victim may file a claim with their policy, the other driver’s insurer, and, when needed, a lawsuit against the driver or another negligent party. How fault is decided is covered under Ohio car accident liability laws. (Ohio minimum liability requirements: $25,000 per person / $50,000 per accident for bodily injury and $25,000 for property damage.)
These are the minimums; you can (and often should) buy higher limits, because car insurance policy limits decide how much is available after a serious crash. Proof of insurance is required at stops and crash scenes.
Identifying who’s at fault for a car crash in Ohio is vital, but it’s also not always straightforward. Ohio follows a modified comparative negligence standard: you can recover damages so long as you are not more than 50% at fault; your award is reduced by your percentage of fault. If you are more than 50% responsible, you cannot recover.
Understanding how Ohio law guides car accident insurance claims makes it easier to appreciate why determining fault is essential. This usually requires an in-depth investigation and the collection of evidence of negligence. Here are common car accident scenarios and whose insurance may be held liable for the resulting losses.
If you’re involved in an accident with an uninsured driver, you could sue them for damages. However, this can be challenging and time-consuming, especially if the driver has limited assets. Your best option is often an uninsured/underinsured motorist (UM/UIM) claim with your own insurer (optional coverage in Ohio) and, where purchased, medical payments. That is how uninsured and underinsured motorist accidents are usually paid, and if you were the one without coverage, being not at fault but uninsured does not cost you your claim.
Their bodily injury liability coverage pays for your injuries, and their property damage liability coverage pays for your car, up to the limits of their policy. You file a third-party claim with their insurer, and if the insurer will not pay a fair amount, you can sue the driver. Your own collision coverage can repair your car sooner, and your insurer then recovers what it paid from the at-fault driver’s carrier.
Under Ohio’s comparative negligence rule, you can still recover as long as you were not more than 50 percent responsible, but your recovery is reduced by your share of the blame. A driver found 30 percent at fault for a $100,000 loss recovers $70,000 from the other driver’s insurer. Adjusters know this, which is why they push to assign you a share of fault whenever the facts allow it.
The at-fault driver is still legally responsible, but there is no policy to pay. Your uninsured motorist coverage, if you bought it, steps in and pays what the other driver’s insurer would have paid, up to your UM limit. Without UM coverage, your options are your own MedPay and health insurance for medical bills, your collision coverage for the car, and a lawsuit against a driver who probably cannot pay a judgment.
A driver carrying Ohio’s minimum limits has $25,000 available per injured person. A hospital stay can exceed that in a day. Once the at-fault driver’s policy is exhausted, your underinsured motorist coverage pays the difference between their limit and your UIM limit, and your health insurance covers treatment while the claims are sorted out. Insurers drag their feet on that gap often enough that we wrote about when insurers refuse to pay underinsured claims.
A passenger is almost never at fault, so a passenger has a claim against whichever driver caused the crash, including the driver of the car they were riding in. If both drivers share fault, the passenger can claim against both policies. A passenger may also be covered by UM/UIM coverage on the car they were in and on their own household policy. Claims from passenger injury accidents have their own wrinkles, which is why they get their own page.
A crash with a company vehicle usually brings a commercial policy with far higher limits, and the employer is responsible for its driver’s negligence on the job. Rideshare crashes depend on what the driver was doing: the rideshare company’s coverage is highest when a ride is in progress, lower when the driver is logged in and waiting, and absent when the app is off. Coverage in Uber and Lyft accidents depends on which stage the driver was in.
Medical payments coverage, or MedPay, is an optional add-on to your own auto policy that pays medical bills for you and your passengers after a crash regardless of who was at fault. It pays quickly, without waiting for the fault investigation, and it has no deductible. The limits are usually modest, often a few thousand dollars, so it covers the first bills rather than the whole treatment.
Health insurance picks up where MedPay ends and pays your treatment the way it would for any illness or injury, subject to your deductible and copays. The part people do not expect comes at the end: most health plans have a right of reimbursement, meaning that when your injury claim settles, the plan can ask to be repaid for the crash-related treatment it covered. The same is true of Medicare and Medicaid. A lawyer’s job includes negotiating those reimbursement claims down so more of the settlement stays with you, and the reimbursement amount should always be figured into the settlement demand.
If you finance your car and the crash totals it, gap insurance covers the difference between the loan balance and the car’s value, when you have it.
Serious injuries outrun minimum limits fast. When the at-fault driver’s policy cannot cover your losses, the claim turns to your own underinsured motorist coverage. UIM is optional in Ohio and is sold alongside uninsured motorist coverage; if it is on your declarations page, it pays the portion of your damages above the at-fault driver’s limit, up to your own UIM limit.
Two things to know. First, most UIM policies require the insurer’s consent before you accept the at-fault driver’s policy limits, because settling with the other driver can affect your insurer’s right to recover from them; do not sign a release before your UIM carrier signs off. Second, if more than one policy in your household carries UM/UIM coverage, whether those limits can be combined, or stacked, depends on the policy language, and Ohio insurers are allowed to prohibit stacking in the policy. Whether a second policy applies is a question worth asking a lawyer before assuming the first one is all there is.
Ohio is an at-fault (tort) state: the driver who caused the crash, and their insurer, are responsible for your losses. You may pursue the at-fault driver’s policy, your own coverages, or file a lawsuit when needed. Fault can be shared under Ohio’s comparative negligence rule.
At least 25/50/25: $25,000 bodily injury per person, $50,000 per accident, and $25,000 property damage per accident. Carrying higher limits is wise to protect assets and ensure adequate coverage. Proof of insurance is required at stops and crashes.
If you purchased MedPay, it can pay first regardless of fault (up to your limit). Otherwise, your health insurance typically pays initially and may seek reimbursement from the at-fault party’s insurer when your claim resolves. UM/UIM can help if the other driver lacks sufficient coverage.
Your recovery is reduced by your percentage of fault (e.g., 20% at fault = 20% reduction). If you’re more than 50% at fault, you can’t recover. Insurers often argue shared fault; solid evidence helps protect your claim.
UM/UIM isn’t required by Ohio law but strongly recommended. It steps in when the other driver has no insurance or too little to cover your losses, common in serious-injury cases.
Liability insurance generally follows the vehicle for permissive users, subject to policy terms and exclusions. Your own policy may also apply as excess. Always check specific policy language.
Typically two years from the date of injury to file a personal injury lawsuit. Some exceptions exist (e.g., certain product or toxic-exposure claims), but waiting risks evidence loss and missed deadlines.
Yes, through your UM coverage if purchased. You may also pursue the driver personally, but collecting can be difficult without insurance or assets. Promptly report hit-and-runs to police and your insurer.
Not before legal advice. Adjusters may use your words to minimize or dispute your claim. You should report the crash to your insurer, but let your attorney handle communications with the at-fault carrier.
Police reports, scene photos, vehicle damage, medical records, witness statements, and, when necessary, accident reconstruction. Keep all bills, wage-loss proof, and a symptom journal to document damages consistent with Ohio’s comparative negligence framework.
Receiving fair compensation after a car accident isn’t as easy as it should be. If you’re confronted with insurance issues or worries about securing total compensation, the Ohio car accident attorneys at Kisling, Nestico & Redick are here to help.
We will diligently evaluate your case, assist in establishing liability, and strive to maximize the damages you recover. Call 1-800-HURT-NOW for a free, no-risk consultation.
