Frequently Asked Questions About Ohio Auto Accident Law

Question: What damages am I entitled to collect in my Ohio automobile accident case?

Answer: Under Ohio law, there are several elements that make up a claim in a automobile accident case.  An Ohio automobile accident victim usually is entitled to recover money for medical bills and lost wages.  Ohio  automobile accident victims also may recover money damages for pain and suffering and/or loss of enjoyment of life.  These damages are called non-economic damages.

Question: What if I didn’t have valid insurance on my automobile when the accident occurred?

Answer: Under Ohio law, you may still bring a claim even if you did not have insurance on your vehicle.  Driving uninsured, while it is against the law, does not bar your claim for damages.

Question: What if the police say that I was at fault in the Ohio automobile accident?  Can I still recover damages?

Answer: Yes.  Ohio law incorporates the doctrine of comparative negligence.  Ohio’s application of this doctrine permits a negligent automobile accident victim to recover, if his or her negligence was not greater than that of the defendant. Our Ohio lawyers  evaluate the percentage of fault that is likely to be attributed to clients injured in automobile accidents.

Question: What is Uninsured Motorist Coverage?

Answer:  Uninsured Motorist Coverage is an insurance coverage option that allows you possible recovery from your insurance policy, if the at-fault driver does not have insurance coverage or if the at-fault driver cannot be identified (i.e. hit and run driver).  It is recommended that all drivers carry uninsured coverage.

Question: Is there a difference between uninsured motorist coverage and underinsured motorist coverage?

Answer:  Yes.  Underinsured coverage provides an additional source of collecting for serious injuries caused by an accident.  It is different from uninsured coverage, which is available when the at-fault vehicle had no identifiable insurance.

Question: What if the person who hit me had been drinking?
Answer: This may entitle you to a Dramshop Claim.  This is the legal term for a lawsuit against a liquor store, bar, or other business, which illegally sold alcohol to a person involved in an automobile accident. 

The most common Dramshop Claim involves alcohol sold to someone who is visibly intoxicated.  A valid Dramshop Claim also exists, if alcohol was served to a person who is under 21 years of age. 

Ohio laws governing Dramshop Claims are complicated. If alcohol was involved in your accident, you should contact our Ohio legal team.

If you or a loved one was seriously injured in an Ohio auto accident, talk with a dedicated Ohio auto accident lawyer.  Please submit a simple, free and confidential legal consultation form now.

Take advantage of the Bernstein Approach today.   Protect your legal rights.