The screech of tires followed by the crunch of metal is a sound no driver ever wants to hear. In the moments after a crash, your primary concern is naturally your health and the well-being of your passengers. But once the immediate shock wears off and medical needs are addressed, a new reality sets in: your vehicle is damaged, perhaps unusable, and you are left wondering how you will get to work, pick up your kids, or simply go about your life.
Dealing with insurance adjusters, repair shops, and liability disputes while recovering from an injury is an overwhelming burden. You might assume that because the other driver hit you, their insurance will automatically cut a check for the repairs. Unfortunately, the process is rarely that straightforward. Questions about fault percentages, policy limits, and "diminished value" can complicate what seems like a clear-cut case.
Understanding Ohio’s specific traffic laws and insurance regulations is the first step toward ensuring you aren't left paying for someone's mistakes. If you have been injured and are staring at a steep repair bill, you need to know exactly who is financially responsible for restoring your vehicle—and your life—to normal.
Is Ohio a No-Fault State? Understanding At-Fault Liability
Unlike some states that follow a "no-fault" system where drivers turn to their own insurance regardless of who caused the crash, Ohio is a traditional "tort" or "at-fault" state. This generally means that the person who caused the car accident is legally responsible for the resulting damages.
In a typical scenario, if another driver rear-ends you at a stoplight in Columbus or sideswipes you on I-71, their liability insurance is responsible for paying for your vehicle repairs, medical bills, and other losses. You would file a "third-party claim" directly with their insurance carrier.
However, the at-fault driver’s insurance company is not on your side. Their goal is to pay out as little as possible. They may argue that you were partially to blame for the accident or that your repair estimates are inflated. This is where understanding how Ohio measures fault becomes vital to your claim.
Ohio Comparative Negligence Laws: What If I Am Partially at Fault?
Fault isn't always black and white. Sometimes, both drivers share a degree of responsibility for a collision. Ohio follows a legal doctrine known as Modified Comparative Negligence (Ohio Revised Code § 2315.33).
Under this rule, you can still recover compensation for your damages as long as you are 50% or less at fault. However, your compensation will be reduced by your percentage of fault.
Example of Modified Comparative Negligence in a Car Crash
Imagine you are driving through an intersection and are hit by a driver running a red light. The total damages to your car are $10,000. However, an investigation reveals you were driving 5 mph over the speed limit at the time. The insurance adjusters or a court might determine the other driver is 80% at fault for running the light, but you are 20% at fault for speeding.
- Total Damages: $10,000
- Your Fault: 20% ($2,000 deduction)
- You Receive: $8,000
If you are found to be 51% or more at fault, you are barred from recovering any damages from the other driver. This strict cutoff is why insurance adjusters often try to shift blame onto you. Even a slight increase in your assigned fault percentage can save them thousands of dollars or allow them to deny your claim entirely.
Insurance Coverage in Ohio
Ohio law dictates strict minimums for auto insurance, but these minimums are often insufficient for modern accidents involving serious injuries or total losses of newer vehicles.
Mandatory Liability Minimums
Every driver in Ohio must carry proof of financial responsibility. Most choose to do this through liability insurance. The state requires the following minimum coverage limits, often referred to as "25/50/25":
- $25,000 for bodily injury or death of one person.
- $50,000 for bodily injury or death of two or more people.
- $25,000 for property damage.
If your car is a total loss and is worth $35,000, but the at-fault driver only carries the state minimum of $25,000 for property damage, there is a $10,000 shortfall. You cannot collect more from the insurance company than the policy limit allows.
What If the At-Fault Driver is Underinsured?
If the at-fault driver's limits don't cover your repair or replacement costs, you have a few options:
- File a Collision Claim: If you have collision coverage on your own policy, you can file a claim with your insurer to cover the difference. You will have to pay your deductible initially, but your insurer will likely attempt to recover it from the at-fault driver (a process called subrogation) and reimburse you later.
- Uninsured/Underinsured Motorist (UM/UIM) Property Damage: While not mandatory in Ohio, this coverage is highly recommended. It kicks in if the at-fault driver has no insurance or not enough to cover your car's damage.
- Sue the Driver Personally: You can sue the at-fault driver for the remaining balance, but if they carry state-minimum insurance, they often do not have significant personal assets to seize.
Claiming Diminished Value and Rental Reimbursement in Ohio
Many Ohio drivers don't realize that they may be entitled to more than just the mechanic's bill. A significant accident affects your vehicle's history and future value.
Diminished Value Claims
Even after your car is expertly repaired, it now has an accident history report (like Carfax). Consequently, its resale value is lower than a car that has never been in a crash. This difference in market value is called diminished value.
Ohio law allows you to recover this loss from the at-fault driver’s insurance company. To succeed in a diminished value claim, you typically need:
- An accident that was not your fault.
- A vehicle that has significant value (usually newer models).
- An appraisal from a certified expert showing the difference in value pre-accident and post-repair.
You generally have two years from the date of the accident to file a property damage lawsuit in Ohio, so acting quickly to secure an appraisal is smart.
Rental Car Reimbursement
If the other driver is at fault, their insurance is generally responsible for providing you with a rental car while yours is being repaired. However, insurers often delay authorizing a rental until liability is "accepted," which can take days or weeks.
If you need a car immediately, you might need to use your own rental reimbursement coverage or pay out of pocket and seek reimbursement later. Keep all receipts and do not upgrade to a luxury rental unless your damaged car was of a similar class; insurers only owe you "reasonable" transportation.
Steps to Protect Your Property Damage Claim
To ensure you get full compensation for your vehicle repairs and diminished value, you need to treat the accident scene like the beginning of a legal case.
- Get a Police Report: Never rely on a handshake agreement. A police report is an objective document that details who the officer believes is at fault.
- Take Your Own Photos: Photograph the damage to all vehicles, the position of the cars on the road, skid marks, and traffic signs.
- Don't Rush the Repair: You have the right to choose your own repair shop in Ohio. Do not feel pressured to use the insurance company's "preferred" shop if you don't trust their work.
- Preserve Evidence: If you plan to claim diminished value, do not sell or trade in the vehicle until you have finalized that portion of your claim.
Call Brandon J. Broderick For Legal Help
When you are injured in a car accident, the damage to your vehicle is often just the tip of the iceberg. While you are trying to heal, insurance companies are working to minimize what they owe you for your medical bills, lost wages, and property damage. You shouldn't have to fight them alone.
At Brandon J. Broderick, Attorney at Law, we understand that your car is your lifeline. We are committed to holding negligent drivers accountable and ensuring our clients receive every dollar they deserve—not just for their injuries, but for the full impact the accident has had on their lives. Whether it's disputing a lowball repair estimate, fighting for diminished value, or proving you were not at fault, we have the experience to negotiate with insurance companies and handle the legal heavy lifting.
Don’t let an insurance adjuster dictate the value of your claim. Contact us today for a free consultation. Let us handle the legal heavy lifting so you can focus on getting better.