Car accident injury claims in Ohio
In Ohio, an injury claim runs through the at-fault driver's insurer — and how much you can recover turns on the state's fault rule, coverage minimums, and a filing deadline that's easy to miss. Here's what shapes an injury claim in Ohio.
Ohio at a glance
- Fault rule
- Modified comparative — 51% bar
- No-fault state?
- No
- Minimum liability coverage
- 25/50/25 (O.R.C. § 4509.51; last amended 2013; WATCH FLAG: HB 596 (2025) proposes 50/100 BI — pending). UM/UIM coverage-gap warning critical given no mandatory offer in OH.
- Time limit for an injury claim
- 2 years
You can recover only if you were 50% or less at fault; your award is reduced by your share.
This is an at-fault (“tort”) state — the at-fault driver's insurer is responsible for injury damages.
Generally measured from the date of the accident.
How fault works in Ohio
O.R.C. § 2315.33 — modified comparative negligence. A plaintiff whose contributory fault is 'not greater than' the combined fault of all defendants recovers; a plaintiff at EXACTLY 50% still recovers, while a plaintiff at 51%+ is barred. In Claimoe convention this is the '51% bar.'
Paying for injuries in Ohio
Ohio is NOT a no-fault state. There is no PIP statute. MedPay is optional.
How Moe handles injury claims in Ohio
Knowing the rule is one thing — applying it against a carrier is another. Moe builds your case to Ohio’s rules, drafts every letter for your approval, tracks the deadlines, and only pings you when there’s a decision to make.
Ohio injury claims — common questions
- Is Ohio a no-fault state?
- No. Ohio is an at-fault (“tort”) state — the driver who caused the crash, through their insurer, is responsible for the injury damages. You generally pursue the at-fault driver's insurer rather than your own.
- What is Ohio's fault rule for a car accident?
- Ohio follows modified comparative — 51% bar. You can recover only if you were 50% or less at fault; your award is reduced by your share.
- How long do I have to file an injury claim in Ohio?
- In Ohio the statute of limitations for a personal-injury claim is generally 2 years from the date of the accident. Miss it and the claim is usually barred for good — separate from any deadlines your insurer sets.
Learn more
Sources
This page summarizes Ohio’s car-accident claim rules for general information — it is not legal advice, and the rules can change. What applies to your claim depends on your policy and the specific facts.