From congested highways in Columbus and Cleveland to rural roads across the state, car accidents in Ohio can lead to painful injuries, emotional trauma, and financial stress. If you’ve been hurt in a crash, it’s critical to understand your legal rights under Ohio law. This guide covers Ohio’s at-fault insurance system, time limits for filing claims, and how broader personal injury laws can help you recover compensation.
Ohio Is an At-Fault State
Ohio uses an at-fault insurance system, which means the person who causes a car accident is responsible for the damages. As an injury victim, you have several options:
- File a claim with your own insurance company
- File a third-party claim with the at-fault driver’s insurance
- File a personal injury lawsuit against the at-fault party
The choice depends on the severity of your injuries and how liability is determined.
Modified Comparative Negligence Rule
Ohio follows a modified comparative negligence rule with a 51% bar. This means you can still recover damages if you are less than 51% at fault for the crash. However, your compensation will be reduced based on your percentage of fault.
For example, if you are 20% at fault and awarded $100,000, you will receive $80,000.
Minimum Auto Insurance Requirements in Ohio
Drivers in Ohio are required to carry minimum liability insurance coverage:
- $25,000 for bodily injury per person
- $50,000 for bodily injury per accident
- $25,000 for property damage
Although not required, uninsured and underinsured motorist coverage is highly recommended to protect yourself in the event of a hit-and-run or an accident with an uninsured driver.
Statute of Limitations for Car Accident Lawsuits
In Ohio, you must file a personal injury lawsuit within two years of the date of the accident. The same two-year statute of limitations applies to wrongful death claims.
For property damage, you have four years from the date of the accident to file a claim.
Missing the deadline can result in your case being dismissed, so it’s important to act quickly.
When You Must Report a Crash in Ohio
Ohio law requires drivers to report a car accident to the police if:
- Someone is injured or killed
- Property damage is more than $1,000
- The accident involves a hit-and-run
Even when not legally required, reporting the crash creates a helpful record for insurance and legal purposes.
Personal Injury Laws in Ohio
Ohio personal injury law allows you to seek compensation for injuries caused by someone else’s negligence. This includes:
- Car, truck, and motorcycle accidents
- Dog bites
- Slip and fall incidents
- Defective product injuries
- Medical malpractice
You may be eligible to recover economic damages like medical expenses and lost income, as well as non-economic damages like pain and suffering. In rare cases, punitive damages may also be awarded to punish reckless behavior.
What Damages Can You Recover?
After a serious car crash, you may be entitled to compensation for:
- Emergency room visits, surgeries, and follow-up care
- Lost wages and future loss of earning capacity
- Pain and emotional suffering
- Physical disability or disfigurement
- Property damage, including vehicle repairs or replacement
The total value of your claim depends on the severity of your injuries and the available insurance coverage.
What Happens If the At-Fault Driver Has No Insurance?
If you’re in a crash caused by an uninsured driver, you may be able to recover compensation through your own uninsured motorist (UM) coverage—if you purchased it. Similarly, underinsured motorist (UIM) coverage can help when the at-fault driver’s insurance isn’t enough to cover your expenses.
Without these optional coverages, you may have to sue the at-fault driver directly, which can be risky if they don’t have the assets to pay a judgment.
Can Passengers File Injury Claims?
Yes. Passengers in Ohio are entitled to file claims for injuries suffered in a crash. They may seek compensation through the at-fault driver’s insurance or multiple policies if more than one driver contributed to the crash.
Because passengers are rarely at fault, their claims are often more straightforward, though they may still face challenges if liability is disputed.
Do You Need a Lawyer After a Car Accident?
While you can file a claim on your own, it’s often beneficial to work with a personal injury lawyer—especially if you’ve suffered serious injuries or the insurance company is offering a low settlement. A lawyer can gather evidence, handle negotiations, and ensure you meet deadlines. Most Ohio attorneys offer free consultations and charge no fees unless they win your case.