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Ohio car accident law: deadlines, fault and your claim

Ohio gives you two years to sue after a crash, bars recovery if you were more than 50% at fault, and caps pain-and-suffering damages in most injury cases unless the injury is catastrophic.

Last reviewed By the Editorial team 5 min read

General information, not legal advice. Talk to a licensed attorney in your state.

Quick answer

In Ohio you generally have 2 years from the crash to sue for injuries or vehicle damage, and 2 years from the date of death for a wrongful death claim. Ohio uses Modified comparative fault. Comparative negligence with a cut-off: once your share of blame reaches the state's bar (50% or 51%), you recover nothing. Glossary: your damages are cut by your share of fault, and you recover nothing if you were more than 50% responsible. Ohio also caps Non-economic damages. Losses without a price tag, such as pain, suffering, emotional distress and loss of enjoyment of life. Glossary, such as pain and suffering, in most injury lawsuits.

Ohio law at a glance

Checked against official sources · October 2026

ClaimDeadline or ruleThe law
Injury2 yearsOhio Rev. Code § 2305.10(A)
Vehicle or property damage2 yearsOhio Rev. Code § 2305.10(A)
Wrongful death2 yearsfrom the date of deathOhio Rev. Code § 2125.02(F)(1)
Shared fault51% bar Modified comparative fault (51% bar)Ohio Rev. Code § 2315.33

Key facts

Injury lawsuit deadline
2 yearsOhio Rev. Code § 2305.10(A)
Vehicle damage deadline
2 yearsOhio Rev. Code § 2305.10(A)
Wrongful death deadline
2 yearsFrom the date of death
Fault rule
Barred above 50%Damages cut by your share
Lawsuit against a city or county
2 yearsOhio Rev. Code § 2744.04
Minimum liability insurance
$25,000 / $50,000 / $25,000Per person / per crash / property
Fault system
At-faultPIP: Not required
Traffic deaths in Ohio, 2024
1,157IIHS
Find a lawyer
Ohio State Bar Association's Find a Lawyer attorney searchPublic attorney search

Filing deadlines in Ohio#

The Ohio Revised Code sets a Statute of limitations. The law that sets the last day to file a lawsuit. After it passes, a court will usually dismiss the case, however strong it is. Glossary of 2 years for most crash lawsuits. The clock usually starts on the day of the crash.

ClaimDeadlineLaw
Personal injury2 yearsOhio Rev. Code § 2305.10(A)
Damage to your vehicle or other property2 yearsOhio Rev. Code § 2305.10(A)
Wrongful death2 years from the date of deathOhio Rev. Code § 2125.02(F)(1)
Claim against a city, county or other political subdivision2 yearsOhio Rev. Code § 2744.04(A)
Claim against the State (Court of Claims)2 yearsOhio Rev. Code § 2743.16(A)

For an injured child, the injury deadline generally starts to run only when the child turns 18, a form of Tolling. Pausing the limitations clock, for example while the injured person is a child. Glossary under Ohio Rev. Code § 2305.16. Claims against the State of Ohio are filed in the Ohio Court of Claims. Claims against cities, counties and other political subdivisions are governed by Chapter 2744 of the Revised Code, which sets its own rules and limits; a licensed Ohio attorney can tell you how they apply.

How fault is shared in Ohio#

Under Ohio Rev. Code § 2315.33, your own fault does not bar recovery as long as it was not greater than the combined fault of all the others involved, whether or not you sued them. The court then reduces your compensatory damages by your percentage.

Ohio has a special rule for seat belts: not wearing a seat belt cannot be used as evidence of negligence, but a jury that finds it contributed to the harm may reduce damages for non-economic loss. Try the fault-rule explainer to compare Ohio with other states.

Insurance in Ohio#

Ohio drivers must carry liability insurance of at least $25,000 per person and $50,000 per crash for injuries, plus $25,000 for property damage. Ohio is an at-fault state: the driver who caused the crash, through their insurer, pays for the losses. Other coverage is optional:

  • Uninsured motorist coverage. Coverage under your own policy that pays when the at-fault driver has no insurance, or too little. Glossary: Optional: insurers may offer it; you can choose a lower amount or decline it.
  • Underinsured motorist: Optional: offered with UM; you can choose a lower amount or decline it.
  • Medical payments: Optional.

This matters in Ohio. The Insurance Information Institute estimates that 18.5% of Ohio drivers were uninsured in 2023, compared with 15.4% nationally. If you declined uninsured motorist coverage, a crash with an uninsured driver may leave you collecting directly from that driver. See uninsured driver accidents. Questions about an insurer go to the Ohio Department of Insurance at 800-686-1526 (Consumer Services).

After a crash in Ohio#

Under Ohio Rev. Code § 4549.02, a driver in a crash on a public road must stop, stay at the scene and give their name, address and vehicle registration number to anyone injured, the other drivers or owners, and any police officer at the scene. And if an injured person cannot understand or record the information, the driver must notify the nearest police authority and stay until an officer arrives.

To get a copy of the crash report, search the Ohio Department of Public Safety's online Crash Report Search, or ask the agency that investigated the crash, which keeps the official report. A report can take up to 6 weeks to appear online. The state site says its copies are for statistical purposes and that the investigating agency is the official record keeper. Our guide to police reports explains how to check one for errors.

Special rules in Ohio#

Cap on non-economic damages. Ohio Rev. Code § 2315.18 limits pain-and-suffering and similar damages in a "tort action", defined as a civil action for damages for injury or loss to person or property, which includes an ordinary car-crash injury lawsuit. The cap is the greater of $250,000 or three times your economic loss, up to $350,000 per plaintiff or $500,000 per occurrence. There is no limit on economic damages such as medical bills and lost wages.

The cap does not apply to injuries involving permanent and substantial physical deformity, loss of use of a limb, loss of a bodily organ system, or a permanent injury that prevents the person from caring for themselves. It also does not apply to wrongful death actions, suits against the State in the Court of Claims, and suits against political subdivisions such as cities and counties. See pain and suffering for how these damages are valued.

Claims against local governments. A city, county or other political subdivision cannot be ordered to pay punitive damages, and damages that are not actual economic loss are limited to $250,000 per person, except in wrongful death cases.

Punitive damages. Punitive damages. Extra damages meant to punish very bad conduct, not to repay a loss. Many states cap them; Texas calls them exemplary damages. Glossary are generally capped at two times the compensatory damages. Against an individual or small employer, the cap is the lesser of two times the compensatory damages or 10% of the defendant's net worth, up to $350,000.

Crashes on Ohio roads#

IIHS counted 1,157 crash deaths in Ohio in 2024, or 9.7 per 100,000 people, against 11.5 per 100,000 people nationally. That year, 43% of deaths happened on rural roads and 17% were speeding-related. IIHS estimates that 33% of passenger-vehicle drivers killed had a blood alcohol level of 0.08% or higher.

Finding a lawyer in Ohio#

The Ohio State Bar Association offers a public Find a Lawyer attorney search. If you use a referral service instead, read how referral services work.

Before you hire anyone, look the lawyer up in the Supreme Court of Ohio's Attorney Search to confirm the license. See how to check a lawyer's license.

Questions people ask

What is the statute of limitations for a car accident in Ohio?

Generally 2 years from the crash for injuries and vehicle damage, and 2 years from the date of death for wrongful death. Lawsuits against a city or county, or against the State in the Court of Claims, have their own deadlines under separate statutes.

Is Ohio a no-fault state?

No. Ohio is an at-fault state, and personal injury protection is not required. The at-fault driver's liability insurance pays, and medical payments coverage is optional.

Can I recover if I was partly at fault in Ohio?

Yes, if your fault was not greater than the combined fault of the others involved. Your damages are reduced by your percentage. Above 50%, you recover nothing.

Does Ohio cap pain and suffering in car accident cases?

In most injury lawsuits, yes: the greater of $250,000 or three times economic loss, up to $350,000 per plaintiff. The cap does not apply to catastrophic injuries such as loss of use of a limb, or to wrongful death actions.

Can not wearing a seat belt hurt my claim in Ohio?

It cannot be used as evidence that you were negligent. But if a jury finds it contributed to your injuries, it may reduce the part of your damages that covers non-economic loss.

How do I get an Ohio crash report?

Search the Ohio Department of Public Safety's online Crash Report Search, where reports can take up to 6 weeks to appear. The official report comes from the agency that investigated the crash.

Sources

  1. Ohio Revised Code, § 2315.18 — the non-economic damages cap, its scope and exclusions
  2. Ohio Revised Code, § 2315.33 — comparative fault
  3. Ohio Revised Code, § 2744.05 — damages against political subdivisions
  4. Ohio Revised Code, § 4549.02 — duties after a crash
  5. Ohio Department of Public Safety, Ohio Crash Report Search
  6. Ohio Department of Insurance, Automobile insurance guide
  7. Ohio General Assembly, Ohio Revised Code 2305.10 — as of October 2026
  8. Ohio General Assembly, Ohio Revised Code 2125.02 — as of October 2026
  9. Ohio Revised Code, § 2744.04(A) — as of October 2026
  10. Ohio State Bar Association, Find a Lawyer in Ohio — as of October 2026
  11. Ohio Revised Code, § 2743.16(A) — as of October 2026
  12. Ohio Revised Code, § 2305.16 (with § 3109.01) — as of October 2026
  13. Ohio Revised Code, § 4513.263(F)(1) — as of October 2026
  14. Insurance Information Institute, Facts + Statistics: Uninsured motorists — as of October 2026
  15. Ohio Revised Code, § 2315.21(D)(2)(a) — as of October 2026
  16. Supreme Court of Ohio, Attorney Search — as of October 2026
  17. Insurance Information Institute, Background on: Compulsory auto/uninsured motorists (financial responsibility limits by state table) — as of October 2026
  18. Ohio Department of Insurance, Automobile — as of October 2026
  19. IIHS, Fatality Facts 2024: State by state — as of June 2026

Last reviewed October 29, 2026 by the Accident Claim Facts editorial team. Found an error? Tell us.

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