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If someone gets in an accident on private property, in this case, a parking lot, who is at fault? How will the insurance company handle? Is there a no fault policy in the state of Ohio in this instance? One of the people involved was pulling out of their space and brushed across this other persons parked vehicle, which was not parked in the parking space correctly, and caused damage to the bumper. Thanks for your input.

The state of 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 you believe they are at fault in an accident.

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 hits 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.

So in the parking lot accident you described it sounds as both drivers may be found partially at fault, since one person did not park properly and the other partly did not appear to take proper care leaving their spot without hitting the other vehicle. The insurance companies involved will investigate and determine where fault lies. If they find that fault is shared then they will also determine what percentage of the incident each driver may be held liable for.

If you were either of the drivers in the situation you described you could place a claim with the other party's insurance if you believe they were at fault or at least partially at fault. Of if you have collision coverage you could make a claim for your damages through your own insurance policy though you would have a deductible due if you made the claim this way.

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This car insurance question was asked on 3/27/2008
This auto insurance answer was last updated on 4/1/2008
Angela requested this car insurance solution.
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