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Our LocationsIn Ohio, every driver must have 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. (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. 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 who’s 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.
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.
