Seeking compensation after an accident is a complex process, even if the other person was clearly at fault. And a claim can become much more complicated when you are partially responsible for what took place. You may be asking yourself, “Can I get compensation if I am at fault?”
Under Ohio’s comparative negligence law, drivers may still recover compensation depending on their percentage of fault. We will discuss at-fault car accident insurance claims further in this blog. If you or a loved one was in a crash, contact Gervelis Law Firm today for legal support.
Can You Recover Compensation if You Caused a Car Accident in Ohio?
Many people wonder what happens if they cause a car accident and how this will affect their ability to secure compensation. Ohio follows comparative negligence laws, which allow drivers to seek recovery even if they are partially at fault.
Under this law, if you are under 51 percent responsible, you can still obtain compensation, but your percentage of fault will reduce your damages award. For instance, if you are 20 percent at-fault for an accident, you can still obtain 80 percent of compensation. However, if you are 60 percent responsible, you will be barred from any compensation.
It is important to note that fault is based on evidence, and whether or not you are entitled to compensation will come down to how strong your case is. Early intervention is key to protecting your rights. For more information, contact Gervelis Law today to speak with a seasoned attorney.
Filing an At-Fault Car Accident Insurance Claim
Ohio is an at-fault state, meaning that the driver who causes the accident is legally responsible for the damages. Individuals who are held responsible for a car collision are legally obligated to pay for the other party’s property damage, medical bills, lost wages, and pain and suffering in some cases.
You must report accidents to law enforcement that involve injury, death, or property damage over $1,000. Along with this, you must remain at the scene and provide your contact and insurance information. Not having insurance at the time of the crash can lead to a license and registration suspension.
If you are found at fault for the accident, your liability insurance will cover the other driver’s losses up to your policy limits. However, if damages exceed policy limits, you may be personally responsible for covering the difference, and the other party may sue you directly. In this case, you have the right to negotiate with insurers for a fair settlement. For liable parties in an accident, their insurance premiums will typically go up significantly after the incident.
Medical Payments Coverage
Medical Payments Coverage, or MedPay, can cover medical expenses for you and your passengers regardless of whether or not you were at fault. It has no deductibles or copays, helps with immediate out-of-pocket costs, and can be used in conjunction with health insurance.
Subrogation happens when your insurance company requests reimbursement from the responsible party or their insurance provider after compensating your claim. If your insurer covers your medical expenses through MedPay or pays for vehicle damage via collision coverage, they may seek to reclaim those costs from the at-fault driver or their insurer.
Uninsured and Underinsured Motorist Coverage
Uninsured or underinsured motorist coverage protects you if you suffer damages from a driver who has insufficient insurance coverage or no insurance at all. This is critical in hit-and-run cases or when a driver cannot fully compensate you for the damages you have suffered.
Liability Risks
As an at-fault driver, you are legally obligated to pay for the other party’s damages up to your policy limits. When damages exceed these, the injured driver can sue you personally. This can lead to liability risks such as wage garnishment and asset seizure, as well as impact your credit.
Our experienced legal team can negotiate for a fair settlement in this scenario. Even more than that, we can help prove the other party’s role in the incident from the beginning to lessen the impact of damages on your finances.
The Importance of Legal Representation as an At-Fault Driver
At Gervelis Law Firm, we have the knowledge and experience needed to navigate even the most complex at-fault claims. These incidents carry high stakes and the risk of being unfairly assigned more blame than warranted. When you are in an accident where you risk being held responsible, our Rapid Investigation Team will be on-site within 24 hours to take action.
We can begin gathering crucial evidence to support your case and minimize blame. Our attorneys are uniquely positioned to provide aggressive, experienced, and effective legal representation. We will always keep you informed every step of the way—that is the Gervelis Guarantee.
Need Legal Help After an At-Fault Car Accident in Ohio?
Our team is dedicated to the Youngstown, Toledo, Columbus, and Akron communities. We have been serving the area for decades, and we are here when you need us most. Our membership in the Ohio Association for Justice, combined with our successful case results, showcases our ability to deliver favorable outcomes.
You are not alone, and Gervelis Law Firm will stand with you, even when the odds seem against you. Contact our skilled car accident lawyers at 866-792-2728 today for a free consultation.
