Estimate the potential value of your Ohio car accident claim. This calculator accounts for Ohio's specific fault rules, insurance requirements, and damage laws.
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Ohio is a tort (fault-based) state using modified comparative fault with a 51% bar under ORC 2315.33. You can recover if your fault is 50% or less; at 51% or more, recovery is barred entirely. Your damages are reduced by your fault percentage. What distinguishes Ohio from many other modified comparative states is its statutory cap on non-economic damages.
Under ORC 2315.18, Ohio caps non-economic damages (pain and suffering, emotional distress, loss of consortium) at the greater of $250,000 or three times your economic damages, up to $350,000 per plaintiff. This means:
These caps do not apply to cases involving permanent and substantial physical deformity, loss of a limb, loss of a sensory function (sight, hearing), or permanent injuries preventing the plaintiff from independently caring for themselves.
Ohio has strong subrogation rights for insurers. Your health insurance company and auto insurer may assert liens against your settlement to recover payments they made on your behalf. Under ORC 2323.44, the made-whole doctrine provides some protection -- an insurer generally cannot enforce its lien until you have been fully compensated. However, self-funded ERISA plans are not subject to Ohio's made-whole rule, and can claim reimbursement even if your settlement does not cover all losses.
Ohio requires minimum liability coverage of 25/50/25 ($25,000 per person BI, $50,000 per accident BI, $25,000 PD). Insurers must offer UM/UIM coverage, but the driver can reject it in writing. The statute of limitations for personal injury is 2 years from the date of the accident (ORC 2305.10). Government entity claims require notice within specific timeframes set by the Ohio Court of Claims.
| Feature | Ohio | Illinois | Georgia |
|---|---|---|---|
| Fault Bar | 51% (barred at 51%+) | Barred if >50% | 50% (barred at 50%+) |
| Non-Economic Caps | $250K-$350K | None | None |
| Subrogation Strength | Strong | Moderate | Moderate |
| UM/UIM | Offered, can reject | Required | Optional |
| Statute of Limitations | 2 years | 2 years | 2 years |
Yes. Under ORC 2315.18, Ohio caps non-economic damages at the greater of $250,000 or three times economic damages, up to $350,000 per plaintiff. Exceptions exist for permanent deformity, loss of limb, loss of sensory function, and permanent injuries preventing independent self-care.
Ohio uses modified comparative fault with a 51% bar under ORC 2315.33. You can recover if your fault is 50% or less, with your award reduced by your fault percentage. At 51% or more fault, your recovery is barred entirely.
Ohio insurers have strong subrogation rights. Your health insurer and auto insurer can claim reimbursement from your settlement for payments they made. The made-whole doctrine under ORC 2323.44 generally requires that you be fully compensated before an insurer can enforce its lien, but self-funded ERISA plans are exempt from this protection.
Ohio requires minimum liability coverage of $25,000 per person bodily injury, $50,000 per accident bodily injury, and $25,000 property damage. Insurers must offer UM/UIM coverage, but drivers can reject it in writing.
Two years from the date of the accident under ORC 2305.10. Claims against government entities have shorter notice requirements under the Ohio Court of Claims Act. Missing the deadline permanently bars your claim.
Yes. Ohio's 51% bar means recovery is blocked only when your fault reaches 51% or higher. At exactly 50%, your damages are reduced by half but you can still collect. This is more favorable than Georgia's 50% bar, where equal fault eliminates recovery entirely.
No. Ohio is a traditional tort (fault-based) state. There is no mandatory PIP coverage. You pursue the at-fault driver's liability insurance for your damages. Your own medical payments coverage and UM/UIM coverage supplement when the at-fault driver is uninsured or underinsured.
Yes. Ohio's non-economic damage caps and subrogation rules significantly affect your net recovery. A licensed Ohio attorney can evaluate whether your injuries qualify for the cap exceptions, negotiate lien reductions, and protect your interests. Consult a licensed attorney before accepting any offer.
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