Ohio has had a comparative negligence law since 1980. This law says the responsibility for an accident can be shared. It affects how much you can collect from the other driver or their insurance company.

If a traffic accident happens because you do not use the amount of care that should be expected of a reasonable and prudent person under the circumstances, you could be considered negligent. Even if another driver hit your car and was cited for the accident, it does not necessarily mean that he/she is completely at fault.

According to the OH Department of Insurance, under Ohio's comparative negligence law, the other driver can run into you and get a ticket; but, if you could have reasonably done something to avoid the accident, you might have to share the negligence and the expense for damages.

This being said if you feel the other person was at fault in the auto accident you can submit a claim to their insurance company for both your vehicle's damages as well as your injuries. If the other party's insurance carrier deems their policyholder liable and at fault for the accident then the person's property damage and bodily injury liability coverages should cover your damages.

If you cannot settle with the other driver's company, you may decide to submit the claim to your own company, through your collision coverage. After you pay your own collision deductible, your company settles the full claim with you and takes over your claim against the other company. This is called subrogation. If your company collects from the other driver's company, the full amount of your deductible may be paid depending on your particular circumstances.