Ohio Car Accident Compensation Laws

Whether you're in a minor accident or a severe head-on collision, determining who is at fault for the accident is difficult. It's only fair that the injured persons get compensation for their injuries. For that to happen, you must know Ohio's car accident compensation laws.

Ohio law dictates how much accident victims can recover in motor vehicle accidents. It also outlines how to pursue damages if you get hurt in a car crash. Here, we will discuss Ohio car accident laws and how they affect your car accident case.

Damages Caps in Ohio

Every state has laws that dictate how much you can collect in car accident damages. Ohio is no different.

Here are the maximum amounts you can demand per the Ohio Revised Code.

Note: State laws are subject to change at any time, usually through new legislation but sometimes through higher court decisions and other means. Contact an Ohio personal injury attorney or conduct legal research to verify the state laws you are researching.

Ohio's At-Fault Insurance System

Ohio is an at-fault car insurance state, which means the at-fault driver is liable for all losses and damages. So, if you suffer a bodily injury in an auto accident, you have three options:

1. File an insurance claim under your own insurance policy.
2. File an insurance claim directly with the at-fault party's insurance company.
3. Pursue a personal injury lawsuit against the other driver.

According to Ohio law, the minimum coverage requirements in Ohio are as follows:

• $25,000 for the injury or death of a single person
• $50,000 total for injuries or death caused by any single car accident
• $25,000 for any property damage caused by the accident

Contact your insurance company for more details to check what your policy covers.

Types of Damages Available in Ohio

In personal injury cases, damages are compensation the court awards to the injured person for loss or injury. Compensatory damages, also called actual damages, are awarded to compensate the injured person for losses caused by the accident.

There are two types of compensatory damages: economic and noneconomic. Economic damages are specific economic harm, such as lost wages, medical expenses, and vehicle damage. Noneconomic damages are damages like pain and suffering.

Punitive damages are awarded to the injured person if the other party caused the accident deliberately or with reckless disregard. The purpose of punitive damages is to punish the person responsible for the accident and deter people from committing a similar offense. Courts rarely award punitive damages to car accident victims.

When calculating specific damages, see FindLaw's Damages Estimate Worksheet.

Modified Comparative Negligence Standard

In Ohio, you can recover damages even if you were partially at fault for your injuries. The state applies the modified comparative negligence rule. You can recover damages if you are at fault 50% or less. If you are liable for more than 50% of the damages, you can't collect damages.

For example, imagine that you sue another driver for $100,000. The jury determined that you were 20% at fault for the crash. The judge will reduce your jury award by 20%, or $20,000.

Learn More About Ohio Car Accident Compensation Laws from a Lawyer

Not all car accident cases go to court. Most of the time, the insurance company pays your claim without issue. But, if you need help getting compensation after a car accident in Ohio, speaking with an experienced car accident attorney near you is a good idea.