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QuestionInsurance Question  I live in Ohio. I was parked in a no-parking zone, without blocking traffic, while I went to get something inside a building. A U-Haul truck made a sharp turn and hit my car. Am I at fault since it was parked in a no-parking zone?

AnswerAuto Insurance Answer

The insurance companies involved will investigate the accident and determine fault. It is likely that you may be help at least partially to blame since you were parked in a no parking zone.

Ohio has comparative negligence. Ohio defines negligence as the failure to exercise the degree of care required of a reasonable and prudent person in any given circumstance resulting in injury or damage to another. Ohio adopted a comparative negligence law in 1980. Prior to 1980, Ohio law was based on contributory negligence, which stated that any party guilty of negligence, to any degree, was unable to achieve recovery.

Now with the concept of comparative negligence a driver is allowed damage recovery but it is reduced by a person’s own percentage of negligence. Ohio’s comparative negligence law specifies that if a party is more than 50% at fault, recovery is not allowed.

This can be called modified comparative negligence with a 51% bar meaning that if you are found to be 51 percent or more responsible for the accident you are not able to recover for any of your damages from the other party.

If you have made a claim with the other party's insurance company or they with your insurer, then you should hear from the insurance adjusters involved as to how fault has been determined. 

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