Ohio Car Accident Laws: Everything You Need to Know (2026)

# Ohio Car Accident Laws: Everything You Need to Know

> **AT A GLANCE:**
> – **System:** Fault state
> – **Comparative fault:** Modified 51% bar
> – **Statute of limitations:** 2 years PI, 4 years PD
> – **Minimum insurance:** 25/50/25 (increased in 2022)
> – **DMV report deadline:** 6 days (shortest among 10 states)
> – **Annual accidents:** ~300,000

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## Ohio’s Comparative Fault Rule

Ohio follows a **modified comparative fault** rule with a **51% bar** (ORC § 2315.33):

– At **50% or less** fault: recover damages, reduced by your fault %
– At **51% or more** fault: recover **nothing**

This is the same standard as Texas and Florida, and slightly more lenient than Illinois and Georgia (50% bar).

**Example:**
– Total damages: $100,000
– Your fault: 30%
– Recovery: $70,000

**At 51% fault:** Recovery = $0

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## 2022 Minimum Insurance Increase

Ohio **doubled its minimum liability coverage** in 2022 under SB 134 (ORC § 4509.51):

| Coverage | Old Minimum | New Minimum (2022+) |
|———-|————-|———————|
| Bodily Injury per Person | $12,500 | **$25,000** |
| Bodily Injury per Accident | $25,000 | **$50,000** |
| Property Damage | $7,500 | **$25,000** |

This was one of the most significant minimum coverage increases in recent US history. Ohio’s old minimums were among the lowest in the nation.

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## Statute of Limitations

| Claim Type | Deadline |
|————|———-|
| Personal injury | **2 years** (ORC § 2305.10) |
| property damage claims is 2-years** (ORC § 2305.09) |
| Wrongful death | 2 years from date of death |
| Government entity | Court of Claims, various deadlines |

The **4-year PD** deadline is notably longer than the 2-year PI deadline, giving more time for property damage claims.

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## Accident Reporting

| Requirement | Detail |
|————-|——–|
| Reporting threshold | **$1,000** property damage or any injury |
| Deadline | **6 days** |
| Filed with | Ohio BMV (form BMV 2367) |
| Police report | Required for injuries |

**Ohio’s 6-day reporting deadline** is tied with Pennsylvania’s 5-day as the strictest among the 10 states covered. File immediately after an accident.

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## Key Ohio-Specific Rules

### Distracted Driving Law (2023)

Ohio’s distracted driving law (**SB 288**, effective April 4, 2023) makes handheld phone use while driving a **primary offense** statewide (ORC § 4511.991). This means:
– Officers can pull you over solely for phone use
– Violations can affect fault determination in accidents
– First offense: $150 fine; second: $250; third+: $500 + license suspension

### No PIP Requirement

Ohio is a traditional **fault/tort state** with no PIP requirement. Medical bills are covered through:
– The at-fault driver’s liability insurance
– Your health insurance
– MedPay (optional)
– UM/UIM coverage

### Seat Belt Law

Ohio requires seat belt use for front-seat occupants. However, seat belt non-use is **not admissible** as evidence of comparative negligence in a personal injury case.

### Ohio’s Mini-Tort Law

For property damage under $1,000 not covered by the at-fault driver’s insurance (e.g., their policy lapsed), Ohio’s **mini-tort law** allows you to sue the at-fault driver directly for up to $1,000 in small claims court.

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## How Ohio Compares

| Factor | Ohio | Texas | Illinois | New York |
|——–|——|——-|———-|———-|
| System | Fault | Fault | Fault | No-fault |
| Comparative fault | Modified 51% | Modified 51% | Modified 50% | Pure |
| PI SOL | 2 years | 2 years | 2 years | 3 years |
| PD SOL | **4 years** | 2 years | **5 years** | 3 years |
| Min BI | 25/50 | 30/60 | 25/50 | 25/50 |
| Report deadline | **6 days** | 10 days | 10 days | 10 days |

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## Frequently Asked Questions

### When did Ohio increase its minimum insurance?
Ohio doubled minimums in **March 2022** under SB 134, from 12.5/25/7.5 to 25/50/25.

### How does the distracted driving law affect my claim?
If the other driver was using a handheld phone, it can increase their assigned fault percentage. If **you** were using a phone, it can work against you under the 51% bar.

### How long do I have to file a report?
**6 days** to file BMV form 2367 — one of the strictest deadlines. File at the scene if possible.

### Does Ohio require PIP?
No. Ohio is a fault/tort state. Medical bills are covered through liability insurance, health insurance, or optional MedPay.

### What is Ohio’s mini-tort law?
It allows you to sue the at-fault driver for up to $1,000 in property damage not covered by their insurance — useful when the at-fault driver is uninsured.

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## Related Guides

– [What to Do After a Car Accident in Ohio](/ohio/car-accident-guide/)
– [How to File an Insurance Claim in Ohio](/ohio/insurance-claim/)
– [Do You Need a Lawyer After a Car Accident in Ohio?](/ohio/do-i-need-a-lawyer/)

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**DISCLAIMER:** This website is not a law firm and does not provide legal advice. This page provides general educational information only. Laws vary by state and change frequently. Always consult a licensed attorney in your state for advice specific to your situation. Last updated: March 2026.