Reader’s Question:

What is meant by comparative negligence law? I live in Lorain Ohio.

Sean

Lorain, OH

Under Ohio’s comparative negligence law, parties share the cost of damages from an accident in proportion to their share of negligence. An injured driver deemed to be 50% or less at fault may recover his damages minus the percent caused by his own negligence. If it is more than 50% negligent, there would be no recovery for losses from the other party.
When involved in collisions, motorists find that insurance companies would normally investigate the factual circumstances in order to determine the degree of negligence of all parties. Although a police report is one important source of information, it may not supply all the information required to find out the negligence of parties involved. Sometimes, accident witnesses and other factors like the fact that the driver was cited for a violation of motor vehicle laws can be taken into consideration.

Disputes may happen when filing a claim with the other party’s insurance company. It is expected that not all the time, parties will agree on their share of negligence. As a way of negotiating with the other party’s insurance company, your own insurance company in Lorain Ohio can act as an arbiter and file the claim on your behalf. This also allows your insurer to take over negotiations with the other party and could speed the claims settlement process.

Tags: auto insurance, automobile