Ohio Car Accident Laws

Ohio's rules are relatively stable and don't carry the recent-change complications some states do — which makes it a good example of how the "standard" modified comparative negligence system works.

Fifty percent fault still lets you recover half. Fifty-one percent ends the claim. That one point is where insurers focus their effort.

Statute of limitations: 2 years

Under Ohio Revised Code §2305.10, you generally have two years from the date of the accident to file a personal injury lawsuit. This covers car, truck, motorcycle, pedestrian, and bicycle accident claims. If the accident results in death, the wrongful death deadline is also two years, running from the date of death.

Fault rule: modified comparative negligence, 51% bar

Under Ohio Revised Code §2315.33, you can recover damages if you're found 50% at fault or less, reduced by your percentage of fault. At 51% or more, you recover nothing.

Insurance: at-fault system, 25/50/25 minimum, no PIP

Ohio is an at-fault state — unlike some neighboring states, it does not require Personal Injury Protection (PIP) coverage. Minimum liability limits are 25/50/25: $25,000 per person and $50,000 per accident for bodily injury, plus $25,000 for property damage. Insurers must offer uninsured/underinsured motorist (UM/UIM) coverage, though you can reject it in writing.

Optional medical payments (MedPay) coverage is worth considering in Ohio specifically, since there's no PIP safety net paying your own medical costs regardless of fault.

How this plays out in a real claim

Take an intersection collision where fault is genuinely disputed. If an insurer or court assigns you 40% of the blame, Ohio's rule still lets you recover 60% of your damages, and even at exactly 50% you still recover half. But at 51% or more, the claim is barred entirely — not reduced, eliminated. That one-point difference between 50% and 51% is exactly why insurers have a real incentive to push a borderline case just over the line rather than simply discount what they pay.

A mistake worth avoiding in Ohio

Because a single percentage point at the 51% threshold can be the entire difference between a reduced payout and nothing at all, careless statements at the scene or to an adjuster carry more weight here than in a pure comparative state. Avoid speculating about fault, even casually, until the full picture — police report, witnesses, any available footage — is in front of you.

If a government vehicle or agency was involved

Claims against Ohio itself go through the Court of Claims Act; claims against a city, county, or other local government fall under the separate Political Subdivision Tort Liability Act (Ohio Rev. Code Ch. 2744), which starts from a position of immunity and carves out specific exceptions, including negligent operation of a vehicle by a public employee. Unlike some states, Ohio doesn't require a separate short-notice "ante litem" letter before suing — the filing deadline for most government claims is two years, matching the standard personal injury deadline. Non-economic damages against a public entity are capped, generally at $250,000 or three times economic damages, up to a maximum of $350,000 per person.

If the crash resulted in a death

Ohio gives two years from the date of death for a wrongful death claim (Ohio Rev. Code §2125.02), brought by the estate's personal representative for the benefit of the surviving spouse, children, and parents — who are automatically presumed to have suffered damages — plus other next of kin, who must separately prove their loss to the court. Ohio is also notably broad on damages: mental anguish suffered by survivors is explicitly recoverable, not just financial loss.

Uninsured/underinsured motorist coverage

Ohio is a genuine outlier: unlike most states, insurers aren't even required to offer UM/UIM coverage, let alone include it by default (Ohio Rev. Code §3937.18 says policies "may, but are not required to" include it). There's no statutory rejection form to sign because there's nothing you're presumed to have in the first place — you have to actively ask for it. With roughly one in six Ohio drivers uninsured, that makes it worth specifically confirming with your agent rather than assuming it's already on your policy. Legislation introduced in 2025–2026 (HB 595/596) would make UM mandatory and raise minimum liability limits, but as of now it remains fully optional.

Beyond the deadline and the fault rule

The statute of limitations and the fault rule above decide whether you have a claim and how much of it survives — they don't decide what the claim is actually worth, or whether it's worth handling yourself. For that, see our guides on what affects a settlement, who pays your medical bills while a claim is pending, and whether Ohio law makes a lawyer worth it for your specific situation.

When it's worth talking to someone

With a hard 51% cutoff and no PIP to fall back on, disputed fault or a low-insurance driver both make a free, no-obligation conversation worth having.