Understanding your rights after an accident in Ohio can protect your health, your finances, and your future.
The statement above is true for all Ohioans but for those of us living in southern Ohio it takes on a much bigger meaning. Living in Southern Ohio means you spend a lot of time on rural roads, two-lane highways, and tight county routes that see more than their fair share of serious accidents. In fact, crashes in rural areas are typically much more severe than those in urban areas. Whether you’re in Chillicothe, Jackson, Portsmouth, Waverly, Circleville, Athens, Vinton County, or anywhere in between, the same Ohio injury laws apply — and many of our friends, neighbors and family who are unaware of these laws could be unnecessarily taken advantage of and give up compensation that could pay for medical bills, property damage, lost wages and money for their pain and suffering.
Below are 8 important Ohio injury laws and rules most Southern Ohio residents don’t know, explained in plain English. Knowing these laws and your rights can have a major impact on a case if you are injured in a vehicle or on a businesses property.
1. You Can Still Recover Money Even If You Were Partly at Fault
Ohio uses a system called “Modified Comparative Negligence” also known as the “51% Bar Rule “that allows an injured party to recover damages if they are found to be less than 50% responsible for their own injuries.
Here’s the rule:
If you are 50% or less at fault, you can recover compensation — reduced by your share of fault.
If you’re 51% or more at fault, you cannot recover.
Example of the Modified Comparative Negligence Law
Let’s say you were in a car crash and the court ruled you were partially responsible for the crash. If damages resulting from your accident are $100,000 and if the court determines you are 20% responsible for the accident, you would be entitled to $80,000.
Here are examples of the types of evidence a court might use to determine the percentage of fault in Ohio injury cases
- Police reports
- Witness testimony
- Surveillance or dashcam footage
- Medical records
- Vehicle damage assessments
- Expert accident reconstruction
2. You Only Have Two Years to File a Claim
Generally, in the state of Ohio the statute of limitations only provides for two years from the date of injury to file a lawsuit.
- Southern Ohio residents are often delayed because:
- They’re hoping the insurance company will “do the right thing”
- They’re waiting for pain to improve
- They’re dealing with work, kids, farming, or caring for family
The delay can be dangerous because:
- Evidence disappears quickly in rural areas
- Witnesses become harder to find
- Insurance companies drag their feet intentionally
Be aware that even if you’re in a negotiating process the legal deadline still applies.
3. You Don’t Have to Give a Recorded Statement to the Other Driver’s Insurance Company
This is one of the biggest traps we see in Southern Ohio crash cases.
The at-fault driver’s insurance may call you from an 800 number and say:
“We just need to record your statement to process your claim.”
You do not have to.
In fact, giving a statement to the other insurance company can make it harder or impossible to recover fair compensation later.
Cooperate only with your own insurer or lawyer— not theirs.
4. You can get money to compensate for the loss of value of your car from the accident if the other driver is at fault
After the accident your car, truck or SUV may be worth significantly less, even after repairs. The law enables you to be compensated to make up the difference.
This Ohio law is known as a “Diminished Value Claim”. Southern Ohio drivers are often surprised to learn they may be entitled to recover the pre-accident market value minus the post-repair market value
Insurance companies don’t typically tell you this.
5. You Can Choose Your Own Doctor — Not the Insurance Company’s
The at fault drivers insurance company might try and push you to go to their “preferred” doctor, clinic, chiropractor or physical therapy group.
They may even insist you have to go to their recommended medical providers.
Not true.
Under Ohio law, you can choose your own, Family doctor, specialist, orthopedic surgeon. Chiropractor, pain management specialist, ophthalmologist or any other medical professional that could help with your recovery.
This protects your long-term health — not the insurer’s bottom line.
6. “Full Coverage” Does Not Mean You’re Fully Protected in Ohio
Many “Full Coverage” policy holders don’t find this out until it’s too late. “Full coverage” is not a legal term and can be misleading to most consumers. The policies often do NOT include:
- Medical Payments coverage
- Rental car coverage
- Uninsured/Underinsured Motorist coverage (critical especially in rural areas like southern Ohio)
- Enough liability coverage
Because Ohio only requires $25,000 minimum liability, many injured Southern Ohio residents find out too late that the at-fault driver has almost no insurance, leaving the victim with little or no compensation for their injuries and damages.
7. You Can Recover Compensation for Future Medical Problems
Most injury victims assume they can only recover for injuries they’ve already experienced.
Not true.
Ohio law allows compensation for future damage if doctors expect:
- Ongoing pain
- Future therapy
- Long-term limitations
- Possible surgeries
- Lost earning ability
This is especially important for rural jobs that require physical labor — construction, farming, delivery driving, manufacturing, etc.
8. Property Owners May Be Liable for Unsafe Conditions
This means that if you have been injured while at a commercial property due to the property owner not keeping their establishment safe you may ba able to collect compensation. This applies to places like;
- Grocery stores
- Gas stations
- Local restaurants
- Apartment complexes
- County fairgrounds
Ohio law says property owners must keep their premises reasonably safe, which includes:
✔ Fixing hazards
✔ Warning about dangers
✔ Maintaining walkways
If they don’t, they may be responsible for your injuries.
Also know that insurance companies often take advantage of people in rural areas for no other reason than they think they can get away with it.
This happens more than it should in Southern Ohio. They think that because the victims won’t have the resources to hold out or aren’t smart enough to know their rights that they can steamroller them into taking a reduced settlement.
Insurance company adjusters sometimes assume people living in rural areas like southern Ohio:
- Won’t consult a lawyer
- Won’t know their rights
- Will accept a quick, reduced settlement
- Won’t push for full compensation
Understanding these laws can make a tremendous difference to your recovery, finances, and long-term well-being. Know your rights before an insurance company makes decisions for you. Contact Aaron McHenry, a Southern Ohio Lawyer who drives the same roads you do!
