Fault versus no-fault car accidents on Ohio/Michigan border
You live near the border of Ohio, a fault state, and Michigan, a no-fault state. Thousands of commuters cross the state line daily during rush hour, making the roads ripe for car accidents. So, what happens when the involved drivers are from different states?
Most states including Ohio are fault states, meaning the insurance company for the at-fault driver pays damages caused by the at-fault driver. However, it may deduct compensation in an amount proportionate to the other driver’s portion of fault.
Liability coverage pays on behalf of the at-fault driver for the other person’s harm and property damage. Policies generally cover the car owner and family members who live with the car owner. Sometimes liability follows the driver and other times it follows the vehicle, so check your policy closely before letting others operate your vehicle.
No-fault insurance protects a driver who causes personal injury or property damage from getting sued. The Michigan no-fault policy provides the following:
- Unlimited medical benefits
- Wage loss benefits
- $20 per day for replacement services
Even under no-fault laws, the driver who causes personal injury or damage can be sued under defined thresholds. Michigan has a serious injury threshold, so injuries that meet the law’s criteria could be grounds for legal action.
Drivers from different states
Determining just payment when one driver is from Ohio and the other is from Michigan can be tricky. Here is how insurance should be handled:
- Ohio accident
Generally, the situation will pan out as if both drivers were from Ohio. The victim can collect for medical bills, lost wages, pain, suffering, and inconvenience.
- Michigan accident
An Ohio resident who is injured in a car accident in Michigan may be able to make a claim for no-fault insurance benefits. The victim might be able to make an additional claim for pain and suffering damages if the injuries meet the Michigan serious injury threshold.
If you were injured in an accident involving parties from both Ohio and Michigan, contact a personal injury lawyer to discuss your case. Car accident attorney Charles C. Contrada can help you navigate the tricky nuances of these claims. Call Contrada & Associates at 419.841.4400 for comprehensive legal guidance that will help you to receive the most favorable outcome.