Ohio Motor Vehicle Accident Laws

Insurance Requirements

System type: Ohio operates under an at-fault insurance system, meaning that the driver responsible for causing an accident is liable for covering damages. This system allows injured parties to seek compensation by filing a claim with their own insurer, pursuing a claim against the at-fault driver’s insurer, or initiating a lawsuit if necessary.

Minimum coverage requirements: Ohio law requires all drivers to maintain liability insurance with at least the following coverage limits:

• $25,000 per person for bodily injury
• $50,000 per accident for bodily injury (if multiple people are injured)
• $25,000 per accident for property damage

These minimum limits ensure financial protection for accident-related costs, but severe injuries and extensive property damage may exceed these amounts, leaving drivers personally responsible for any uncovered expenses.

Optional coverages: While Ohio only mandates liability insurance, drivers can opt for additional coverage to protect themselves from out-of-pocket costs, including:

• Uninsured/underinsured motorist (UM/UIM) coverage: Helps cover medical expenses and damages if the at-fault driver lacks sufficient insurance or flees the scene (hit-and-run)
• Medical Payments coverage (MedPay): Pays for medical expenses for the policyholder and passengers, regardless of fault
• Collision coverage: Covers vehicle repairs or replacement after an accident, regardless of fault
• Comprehensive coverage: Protects against non-collision damage such as theft, vandalism, fire, and natural disasters

Penalties for non-compliance: Drivers must carry proof of insurance and present it upon request by law enforcement. Failure to provide valid insurance can result in fines, suspension of driver’s license and vehicle registration, and possible jail time. Additionally, uninsured drivers who cause an accident are personally liable for all resulting damages, and their wages or assets may be subject to garnishment if they cannot pay.

Rideshare drivers: Drivers for Uber, Lyft, and other rideshare services in Ohio must carry additional insurance coverage.

• App on, but no passenger (Period 1): Minimum coverage of $50,000 per person, $100,000 per accident for bodily injury, and $25,000 for property damage
• Ride accepted or passenger on board (Periods 2 and 3): $1,000,000 in liability coverage plus UM/UIM coverage

Rideshare drivers should review their policies and consider rideshare-specific insurance to avoid coverage gaps.

Fault Laws

Modified comparative negligence in Wyoming

Ohio adheres to a modified comparative negligence rule, allowing injured parties to recover compensation provided they are less than 51% at fault for the accident. If a claimant is found partially responsible, their compensation is reduced by their percentage of fault. However, if they are 51% or more at fault, they are barred from recovering any damages.  

Example: If a driver is found 20% at fault in an accident resulting in $100,000 in damages, they can recover $80,000 in compensation. However, if the driver is determined to be 51% or more at fault, they cannot recover any damages from the other party.

Gathering evidence—such as police reports, eyewitness statements, accident reconstructions, and video footage—is essential to minimizing any assigned fault and maximizing compensation.

Multi-vehicle accidents

Determining liability in multi-vehicle collisions can be complex, as multiple drivers may share fault. Ohio follows a comparative negligence system, allowing injured parties to seek compensation even if they are partially at fault, provided their fault is less than 51%. If a party is found to be 51% or more at fault, they are barred from recovering damages. In such cases, each driver’s insurance may be liable for damages proportionate to their degree of fault.

Passenger considerations

Passengers injured in Ohio car accidents typically are not assigned fault and have the right to seek compensation for their injuries. They can file a claim against the at-fault driver’s insurance policy, whether it’s the driver of the vehicle they were in or another involved driver. If multiple drivers share fault, passengers may need to file claims with each driver’s insurer. It’s important to note that Ohio law requires injury claims to be filed within two years from the date of the accident.

Statute of Limitations

Personal injury claims

Ohio law allows two years from the date of an accident to file a personal injury lawsuit. This applies to drivers, passengers, pedestrians, and bicyclists seeking compensation for medical expenses, lost wages, and other accident-related damages.

Property damage claims

Victims of a car accident have two years from the date of the crash to file a property damage claim against the at-fault party. This covers vehicle repairs, replacement costs, and other property damage losses resulting from the accident.

Wrongful death lawsuits

If an accident results in a fatality, the deceased person’s family or estate has two years from the date of death to file a wrongful death lawsuit against the at-fault party. Compensation may cover funeral expenses, loss of income, and emotional distress.

Claims against government entities

When filing a claim against a government entity or public employee in Ohio, a notice of claim must be submitted within a specific timeframe before a lawsuit can be filed. This notice must detail the time, place, and circumstances of the accident, along with the damages being sought.

Exceptions to the statute of limitations:

• Minors: If the injured party is under 18, the statute of limitations may be extended until they reach adulthood
• Discovery rule: If injuries are not immediately apparent, the statute of limitations may begin when the injury is discovered or should have been reasonably discovered
• Absence of the at-fault party: If the at-fault driver leaves Ohio, the statute may be paused until they return

Accident Reporting Requirements

When to report an accident

Ohio law mandates that drivers report an accident to the appropriate law enforcement agency if it involves:

• Injury or death: Any person involved in the accident is injured or killed
• Significant property damage: The accident results in property damage exceeding $1,000

It’s advisable to report the accident immediately to ensure a proper record is created for insurance and legal purposes.

Filing accident reports

In Ohio, if law enforcement responds to an accident scene, the investigating officer will document the incident and file an official report. However, if an officer does not respond, it is the driver’s responsibility to report the accident to the nearest police station or sheriff’s office as soon as possible. Additionally, drivers may be required to file an accident report with the Ohio Department of Public Safety within a specified timeframe. This report provides an official record of the incident and may be necessary for insurance and legal proceedings. 

That said, depending on where the accident took place, there are other specific ways that drivers may file a report. These include:

• Online: Some Ohio cities offer online accident reporting:
  • Columbus: Residents can submit a crash report electronically through the Columbus Division of Police
  • Cincinnati: The Cincinnati Police Department provides an online form for accident reporting
• In-person or by mail: If online reporting isn’t available or preferred, drivers can file a report in person or by mail:
  • Franklin County: The Franklin County Sheriff’s Office accepts crash reports via email or mail

How to access accident reports

Accident reports are often necessary for insurance claims, legal proceedings, and personal records. In Ohio, reports can be obtained through the Ohio Department of Public Safety (ODPS) using the following methods:

• Online request: Search for unofficial crash reports as reported to ODPS for the past five years plus the current year
• By mail or in-person request: Contact the local law enforcement agency that investigated the accident to obtain official reports

Processing times may vary depending on the method of request and the agency involved.

Additional considerations

Uninsured motorists: If the other driver does not have valid insurance, you may need to file a report with the Ohio Bureau of Motor Vehicles (BMV) and consider submitting an uninsured motorist claim with your own insurance provider. This report aims to evaluate the accident to see if the drivers complied with the mandatory insurance laws in Ohio. You must file your report within six months of the crash.

Municipal reporting rules: Some cities and counties have additional reporting requirements. For example, the City of Columbus allows for online self-reporting for minor accidents. Be sure that the accident occurred within the geographical boundaries of the City of Columbus before filing a report with the Columbus Division of Police.

Failure to report an accident when required by law can result in legal consequences, including fines and potential license suspension. Ensuring timely reporting helps protect your legal rights and strengthens any insurance or legal claims you may need to file.

Compensation Limits

Economic damages: There is no cap on economic damages in Ohio. Victims can seek full compensation for tangible losses, including medical expenses, lost wages, rehabilitation costs, property damage, and other tangible losses. However, recovery may be limited by the at-fault driver’s insurance policy. Ohio law mandates minimum liability coverage of $25,000 per person, $50,000 per accident for bodily injury, and $25,000 for property damage.

Non-economic damages: Non-economic damages, which cover intangible losses such as pain and suffering, emotional distress, and loss of enjoyment of life, may be subject to caps in Ohio. Specifically, for non-catastrophic injuries, damages are capped at $250,000 or three times the amount of economic damages, whichever is greater, with a maximum limit of $350,000 per plaintiff.

On the other hand, for catastrophic injuries, such as permanent and substantial physical deformity, loss of a limb, or injuries preventing self-care, there is no cap on non-economic damages.

Punitive damages: Punitive damages, intended to punish particularly egregious behavior, are capped in Ohio. They are limited to twice the amount of compensatory damages (the sum of economic and non-economic damages). However, if the defendant is an individual or a small employer, punitive damages are capped at 10% of the employer’s or individual’s net worth when the tort was committed, up to a maximum of $350,000. 

Claims against government entities

In Ohio, pursuing a personal injury claim against government entities involves navigating specific legal frameworks due to the principle of sovereign immunity, which generally protects the state and its subdivisions from lawsuits. However, Ohio has enacted statutes that outline circumstances under which the government can be sued.

Claims against the state of Ohio:

• Court of Claims Act: Ohio waives its immunity and allows itself to be sued for monetary damages in the Ohio Court of Claims. This court has exclusive jurisdiction over such cases. The state is liable for the actions of its employees if they were acting within the scope of their employment and did not exhibit malicious intent, bad faith, or reckless behavior
• Public Duty Exception: The state retains immunity concerning the performance or nonperformance of a public duty unless a “special relationship” between the injured party and the state can be established. This involves factors like the state’s assumption of an affirmative duty toward the individual and the individual’s justifiable reliance on that duty

Claims against political subdivisions (e.g., Counties, Cities): Political subdivisions in Ohio are generally immune from liability but have waived this immunity in specific situations, such as:

• Negligent operation of motor vehicles by their employees
• Negligent performance of proprietary functions (activities that could be performed by private entities)
• Failure to keep public roads, highways, and streets in repair and free from nuisance
• Negligence related to physical defects within or on buildings used for governmental functions

It’s important to note that even when immunity is waived, there may be caps on damages, especially concerning non-economic damages like pain and suffering. For instance, non-economic damages, such as pain and suffering, are capped at $250,000 per person. However, there is no cap on economic damages, allowing recovery for the full amount of calculable losses like medical expenses and lost wages.

Additionally, strict procedural requirements and shorter statutes of limitations often apply to claims against government entities. Therefore, consulting with a legal professional experienced in Ohio’s governmental liability laws is advisable to navigate these complexities effectively.

Medical Coverage Considerations

Navigating medical coverage after a car accident in Ohio requires understanding the state’s at-fault insurance system and the various options available to manage healthcare expenses.

Liability insurance: As an at-fault state, Ohio holds the driver responsible for an accident liable for resulting damages, including medical bills. However, compensation from the at-fault driver’s insurance may be delayed until fault is established, and their policy limits might not fully cover your expenses. In such cases, exploring additional coverage options is essential.

Medical Payments (MedPay) coverage: Optional in Ohio, MedPay assists in covering medical expenses incurred due to a car accident, regardless of fault. This can include costs like ambulance services, hospital visits, surgeries, and rehabilitation. MedPay ensures immediate access to funds for medical treatment, allowing you to receive care without waiting for fault determination or insurance disputes.

Uninsured/Underinsured Motorist (UM/UIM) coverage: This optional coverage provides a financial safety net if the at-fault driver lacks sufficient insurance or is entirely uninsured. UM/UIM can help pay for medical expenses, lost wages, and pain and suffering when the responsible party cannot fully cover the damages. Given that not all drivers carry adequate insurance, having UM/UIM coverage is highly recommended.

Health insurance: Your health insurance can serve as primary coverage for medical costs not fully covered by auto insurance. However, health insurers may require reimbursement from any accident settlement, a process known as subrogation. It’s important to coordinate your auto and health insurance claims carefully to avoid unexpected repayment obligations.

Government assistance programs: For eligible individuals, programs like Medicaid and Medicare can provide essential medical coverage following a car accident. Beneficiaries should report accident-related claims promptly to ensure smooth processing and prevent potential coverage disputes.

Medical liens and letters of protection: If you’re unable to pay for medical treatment upfront, some healthcare providers may agree to treat you in exchange for placing a lien on any future settlement. Personal injury attorneys can also issue letters of protection to medical providers, guaranteeing payment upon settlement. These arrangements allow you to receive the necessary treatment without immediate financial strain.

Important considerations:

• Immediate medical care: Seeking prompt treatment not only ensures proper recovery but also creates essential documentation for insurance claims and legal cases
• Detailed records: Keeping comprehensive records of medical bills, insurance communications, and treatments can streamline the claims process and support your case
• Legal assistance: Consulting with a personal injury attorney can help you navigate insurance complexities, negotiate medical liens, and maximize your financial recovery

Unique Local Factors

Ohio’s diverse geography and climate present specific challenges for drivers, necessitating awareness and preparedness to ensure road safety.

Weather and road conditions: Ohio experiences a range of weather-related hazards that can impact driving.

• Winter weather: The state is known for unpredictable winters, with snow, ice, and freezing rain creating treacherous road conditions. Drivers should exercise caution, especially on highways like Interstate 75, which can become hazardous during colder months
• Fog: Certain areas in Ohio are prone to fog, which can significantly reduce visibility and increase the risk of accidents. Drivers should use low-beam headlights and maintain a safe following distance during foggy conditions

Wildlife crossings: Ohio’s varied ecosystems mean drivers may encounter animals on the road, especially in rural areas. Collisions with deer are notably common, particularly during mating seasons in the fall. To mitigate these incidents, the Ohio Department of Transportation has implemented measures such as wildlife tunnels to provide safe passage for animals and reduce vehicle collisions.

Traffic and rural roadway hazards: Despite lower traffic volumes, rural roads in Ohio account for a significant proportion of traffic fatalities. Factors contributing to this include narrow lanes, limited lighting, and unexpected obstacles like farm equipment or wildlife. Drivers should exercise caution, adhere to speed limits, and remain vigilant, especially during nighttime or adverse weather conditions.

Local Resources & Contacts

State agencies:

• Ohio Department of Transportation (ODOT): Provides updates on road conditions, construction projects, and travel advisories 
  • Website: www.transportation.ohio.gov
  • Phone: (614) 466-7170
• Ohio Bureau of Motor Vehicles (BMV): Manages driver licensing, vehicle registration, and driving records
  • Website: www.bmv.ohio.gov
  • Phone: (844) 644-6268

Ohio State Highway Patrol (OSHP): www.ohiohighwaypatrol.org        
Phone: (614) 466-2660