Ohio is an ‘at-fault’ car insurance state
Ohio is an at-fault state, which means the driver who caused the car accident is responsible for paying for any damages.[1] The injured party can file an insurance claim with the at-fault driver’s insurance company to seek reimbursement for medical bills and property damage.
Insurers investigate each accident to determine fault, considering police reports and other factors involved. Ohio law doesn’t require personal injury protection (PIP) coverage, and drivers have the right to sue the at-fault party to recover any losses.[2]
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At-fault vs. no-fault car insurance
The biggest difference between no-fault and at-fault states is who pays for injuries after a car crash. Since Ohio is an at-fault state, the driver who causes the accident is responsible for paying for the other person’s injuries and property damage.
In no-fault insurance states, drivers use their own PIP coverage for medical expenses, regardless of who caused the accident. Delaware, Florida, Hawaii, and Kansas are all no-fault states.
Question | Ohio: At-Fault State | No-Fault State |
|---|---|---|
| Who pays first for injuries? | The at-fault driver’s insurer | Your own PIP insurance |
| Is PIP required? | No | Yes, in most states |
| Can you sue the other driver? | Yes, if the other driver caused your injuries or damages | Sometimes, but many no-fault states limit lawsuits unless injuries meet a legal threshold |
How do accident claims work in Ohio?
After a car accident in Ohio, both drivers will report it to their own insurance company. If one driver was clearly at fault, the other driver can file a claim with the at-fault driver’s liability insurance for bodily injuries and property damage.
Drivers may also choose to file a claim with their own insurer if they have additional coverage like MedPay. This can help you cover any medical costs or lost wages while the insurer investigates the accident and determines liability.
For example, if another driver rear-ends you on Interstate 71 near Columbus, that driver’s liability insurance would pay for your vehicle repairs and any related damages if the insurer finds them to be at fault.
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What are shared fault rules in Ohio?
Ohio has a modified comparative negligence rule when determining fault after a car accident. That means that each driver’s percentage of fault affects how much compensation they can receive after an accident.[3]
If you’re 50% or less at fault, you can recover damages, but the amount is reduced by your share of the total responsibility. For example, if an insurer determines that you’re 20% at fault for causing the accident, you can only recover 80% of your damages.
If you’re more than 50% at fault, you can’t recover any compensation from the other party. If the insurer determines that you share fault with the other driver, this could affect your future insurance premiums since insurers consider at-fault accidents when setting rates.
Minimum car insurance requirements in Ohio
Ohio’s minimum liability insurance requirements are 25/50/25, which means you need at least $25,000 per person in bodily injury liability, $50,000 per accident, and $25,000 in property damage liability. This coverage helps pay for injuries and damages you cause others, but it won’t pay for your own vehicle or medical expenses.
Coverage Type | Ohio Minimum Requirement | What It Covers |
|---|---|---|
| Bodily injury liability per person | $25,000 | The other driver’s injuries resulting from the accident |
| Bodily injury liability per accident | $50,000 | The total bodily injury claims resulting from the accident |
| Property damage liability | $25,000 | Damages caused to the other person’s vehicle or property |
What to do after a car accident in Ohio
Knowing how to respond after a car accident keeps you safe and can make the insurance claims process easier. Here are the steps you should take if you’re in a crash in Ohio:
Check for injuries. Check yourself and anyone else involved in the accident for injuries. If someone sustained an injury, call 911 immediately.
Move to a safe location. If your car and other vehicles are blocking traffic, move to a safe location and turn on your hazard lights.
Call the police. Contact the police so they can document the scene and create an accident report if anyone has an injury and there’s significant property damage.
Exchange information. Exchange information with the other driver, including your name, contact information, driver’s license numbers, insurance details, and vehicle registration information.
Take photos. It’s a good idea to take photos of the scene and vehicle damage.
Notify your insurance company. Contact your insurer as soon as possible to start the claims process, even if you believe the other driver was at fault.
Ohio car insurance FAQs
Because Ohio is an at-fault state, it’s important to understand how insurance claims work after a crash. Here are answers to common questions about Ohio car insurance.
How does Ohio’s comparative negligence law work?
Ohio’s modified comparative negligence rule means you can recover damages if you’re 50% or less at fault for an accident, but your compensation is reduced by your percentage of fault. If you’re more than 50% at fault, you can’t recover damages from the other driver.
How does fault determination work in Ohio car accidents?
Insurance companies investigate each accident to determine who was responsible. They review evidence like police reports, photos, and the circumstances of each crash before assigning fault.
What happens if an at-fault driver doesn’t have insurance in Ohio?
If the at-fault driver is uninsured, you’ll rely on your own policy for coverage. For example, uninsured motorist coverage can help pay for your injuries, and collision coverage can pay for vehicle repairs. You also have the right to sue the other driver for your losses, though recovering compensation can be difficult.
How can you get a police report after a car accident in Ohio?
You can request a crash report from the Ohio Department of Public Safety by entering the crash number and document numbers. These reports usually take up to six weeks to be available on the website. If it’s not available, you should contact the agency that investigated the crash.
Sources
- Ohio Department of Insurance. "Automobile Insurance Guide."
- Ohio Bureau of Motor Vehicles. "Mandatory Insurance."
- Ohio Department of Insurance. "Ohio's Comparative Negligence Law."
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