Jeffrey Wade
Ohio is an at-fault or tort state, meaning that the driver deemed liable for a car accident is responsible for paying damages, including for the other vehicle involved. In no-fault states, by contrast, your insurance company pays for car accident damages up to your policy limit, regardless of who caused the accident. Ohio drivers are required to carry minimum liability insurance of $25,000 for bodily injury coverage per person, per accident; $50,000 for bodily injury coverage total per accident; and $25,000 for property damage coverage.
| Characteristics | Values |
|---|---|
| State | Ohio |
| Type of State | At-fault state |
| Insurance Requirements | Minimum liability insurance of $25,000 for bodily injury coverage per person, per accident; $50,000 for bodily injury coverage total per accident; and $25,000 for property damage coverage. |
| Proof of Insurance | Digital proof of insurance is allowed |
| No-Fault Insurance | Not required |
| Uninsured/Underinsured Motorist Coverage | Not required but can be added to a policy |
What You'll Learn
Ohio is an at-fault state
Ohio's contributory fault law, defined in Ohio Revised Code Section 2315.33, allows litigants to share a percentage of fault in an accident or personal injury claim. In a vehicle accident, the plaintiff may have been turning left on a yellow light as the defendant ran the yellow light, hitting the plaintiff in the intersection. Both drivers were stretching the limits of the yellow light and may be assigned partial fault for the accident.
Compensation in comparative fault cases may be split between the two litigants. If the plaintiff is 25% responsible, they will receive only 75% compensation. The level of fault must be under 50% to receive compensation. If someone is more than 51% negligent, they will lose all rights to compensation.
In a fault state like Ohio, if you are injured in an auto accident, you must use your own insurance policy to cover medical bills and other financial losses regardless of who caused the accident. However, if you are injured in an accident in a no-fault state, you will first turn to your personal injury protection (PIP) coverage to file a claim rather than filing a claim with the insurance company of whoever is at fault.
Being a no-fault state means that drivers must carry personal injury protection (PIP) coverage, which is the initial policy that would pay out auto accident injury claims. Drivers in those states still need to carry property damage liability coverage. Personal injury protection, sometimes called no-fault insurance, creates a clear way to cover expenses in the event of an accident.
In Ohio, the compensation for non-economic damages is limited to $250,000 or three times the economic damages, with a further cap of $350,000 on non-economic compensation. Punitive damages are rarely awarded but are capped at twice the economic compensation.
Ohio drivers are required to demonstrate their financial responsibility for any car accident they might cause, and most do this by buying car insurance. Ohio drivers are not technically required to carry car insurance on their vehicles, but if they choose to do so, they must carry certain minimum amounts of coverage.
If you are caught driving without car insurance and are found to be out of compliance with Ohio's financial responsibility laws, you could face penalties and significant financial exposure if you cause a car accident.
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Ohio's financial responsibility law
If a driver is caught without car insurance and out of compliance with Ohio's financial responsibility laws, they could face a variety of penalties, including suspension of their driver's license for up to 90 days, impoundment of their vehicle and/or license plates, and a reinstatement fee of $75 to get their driver's license back.
In addition, drivers who do not carry an insurance policy complying with the state minimum requirements can face negative consequences. If an uninsured individual causes injury to another while driving, they can be held personally responsible for those damages and be forced to forfeit personal assets, including wages.
Ohio is an "at-fault" car accident state, which means that the person who was at fault for causing the car accident is responsible for compensating anyone who suffered harm as a result of the crash. The at-fault system ultimately leads to most insurance disputes about who and to what degree someone was at fault for an accident.
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Comparative negligence laws
Ohio is an at-fault state, meaning that the driver or responsible party's insurance pays for any damages, medical bills, and other losses resulting from a car accident. This system holds motorists accountable as accidents result in higher insurance premiums.
Ohio follows a "modified comparative negligence" rule, which means that the more a driver is deemed responsible for a car accident and the resulting injuries, the more they are held financially liable. If one driver is entirely at fault, they will be 100% liable. However, if both drivers share liability, damages can only be recovered in proportion to their responsibility. For example, if you are deemed 20% at fault for speeding, you may only recover 80% of your damages.
The jury decides how much each party is to blame, and your compensation is limited by how much of the accident was judged to be your fault. If the jury finds that you are more than 50% responsible for the accident, you cannot recover any compensation.
The comparative negligence law also impacts settlement options with the other party's insurance company. They will decide on a settlement offer based on what you are likely to win at trial. For instance, they may offer you close to the full cost of your expenses if their client was completely at fault. However, if they believe you were partially at fault, they will adjust their settlement offer accordingly.
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Uninsured and underinsured motorists
In Ohio, around one in eight drivers, or 12-13% of drivers, are uninsured. This is higher than the national average. Uninsured and underinsured motorists can cause devastating injuries in a car accident and leave you unsure about how to cover the losses they caused.
Uninsured Motorist Coverage (UM) provides coverage for damages caused by a driver without insurance or an unidentified driver, such as in a hit-and-run accident. If you are hit by an uninsured driver and you do not have uninsured motorist protection, you will not receive any compensation from either your insurance provider or the other driver.
Underinsured Motorist Coverage (UIM) covers any losses that exceed the negligent driver's policy limits. Your UIM policy will cover anything not covered by the other driver's insurance. An underinsured driver meets the minimum legal financial responsibility requirements but does not have payment limits high enough to cover the damage they caused.
Trying to be compensated for your losses after an accident with an uninsured or underinsured motorist can be extremely frustrating and complicated. When you carry UM/UIM insurance, covering your expenses, such as medical bills, car rental costs, lost wages, and vehicle repair or replacement, is much easier.
UM/UIM coverage is not required in Ohio, but it is highly recommended. If you do not carry UM/UIM coverage and are in an accident with an uninsured motorist, you may have to pay for the damages out of your own pocket.
How to File a Claim with UM/UIM Coverage
If you have UM/UIM coverage and are in an accident with an uninsured or underinsured driver, you may be able to make a claim against your policy to recover damages, up to your policy limits. Your insurance company will then recover damages from the at-fault driver. Filing this type of claim does not affect your insurance rates.
Additional Insurance Protection
Other options for additional protection include comprehensive coverage and personal injury protection insurance (PIP). Comprehensive coverage insures against damages you suffer even if you are at fault for the accident. PIP insurance pays for your hospital bills and lost wages after a car crash, regardless of who caused the accident.
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Contributory fault law
Ohio is a
Ohio's contributory fault law, defined in Ohio Revised Code Section 2315.33, allows litigants to share a percentage of fault in an accident or personal injury claim. In a vehicle accident, both drivers may be assigned partial fault for the accident. For example, if one driver was turning left on a yellow light as the other ran a yellow light, hitting the first driver, both drivers could be considered partially at fault.
Compensation in comparative fault cases may be split between the two litigants. If the plaintiff is 25% responsible, they will receive only 75% compensation. The level of fault must be under 50% to receive compensation. If someone is more than 51% negligent, they lose all rights to compensation.
The determination of fault is made by police and insurance companies, who use various pieces of evidence from the accident. This can include police reports, medical documents, and photos of vehicle damage.
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Frequently asked questions
No, Ohio is an at-fault state. This means that the driver who is at fault for the accident is liable for any injuries and must use their insurance coverage to pay for the damages.
Ohio drivers are required to show financial responsibility for any potential car accident. While they are not technically required to carry car insurance, most drivers choose to buy liability car insurance with the following minimum requirements:
- $25,000 for the injury or death of one person in an accident
- $50,000 total for all injuries or deaths resulting from a single accident
- $25,000 for any property damage arising from a single accident
If you are hit by an uninsured driver, you could sue them for damages. However, this may be challenging and time-consuming, especially if the driver has limited means. Alternatively, you can file an uninsured motorist claim with your insurance company, but this requires purchasing additional coverage.
