Contrary to popular belief, determining liability in Cincinnati, Ohio is not a simple process. Typically the determination of the truth can be influenced due to conflicting reports, eye-witness testimony and other inaccurate information. However, there are a few facts that you need to know about how the State of Ohio determines who is at fault in a car accident or other liability situation.
Ohio is a Traditional 'Fault' State for Liability
When it comes to defining liability in Cincinnati, Ohio the state follows a traditional 'tort' or 'fault' system. This means that the individual that was legally determined to be at fault for causing the accident is also liable for any resulting costs for loss of property damage and injuries to any passengers or drivers of other vehicles. Typically, when an individual has been assigned fault through investigation their insurance company will pay for losses up to the extent of that persona's individual policy. The methods on how individuals collect on liability claims in Ohio typically follow two paths.
People Can File Claims with Insurance Companies Involved
Once liability or 'fault' has been determined by investigation of the Police departments or legal system, there are a few ways that parties involved with the accident that have experienced property loss, injuries or other losses can collect damages. The first is to file a claim with the individual auto insurance. Typically the claim will be made to the insurance company that defends the person who is found to be 'at fault' or liable. However, people have the right in Ohio to file claims with their own insurance company if they choose. This second option can come with some negative side-effects that can impact future coverage and cost; so it's always advised to contact a legal professional in Cincinnati, Ohio to receive professional advice on how to proceed.
Filing a Third-Party Claim for Liability in Cincinnati, Ohio
The other option that people involved in accidents have is filing lawsuits against the at-fault driver involved in the accident through civil litigation. The civil court process is much different than criminal court; in that the determination of 'guilt' is not the primary objective. It's typical that when a suit if filed against an 'at-fault' individual that their insurance company will defend the individual against the suit. However, it's also common for insurance companies to settle out of court with financial compensation paid to those involved in the accident. Regardless of what type of accident you've experienced, it's a good idea to contact a legal professional to determine liability in Cincinnati, Ohio and to protect your rights.