After a car accident, you may have filed a personal injury claim through an insurance company based on the other driver’s fault.
You may have assumed that the insurance coverage would provide you with adequate compensation for your injuries.
But what if it doesn’t? What if the injuries you suffered continue to cause pain and disruption to your life, even months after the accident?
In this unfortunate scenario, you may consider filing a personal injury lawsuit against the at-fault driver.
It’s essential to retain the services of a car accident attorney to ensure you don’t miss the statute of limitations for a car accident in Ohio.
Key Points
- • Ohio’s statute of limitations for car accident claims is two years from the accident date — if you miss this deadline, you will most likely be permanently barred from seeking compensation for your losses.
- • Filing an insurance claim does not pause or stop the statute of limitations — the two-year clock keeps running regardless of ongoing insurance negotiations or settlement discussions.
- • Insurance adjusters may intentionally delay negotiations to run out your filing window — do not wait for your injuries to heal or a settlement to finalize before consulting an attorney.
- • After an accident, document everything you can at the scene — the other driver’s insurance and contact information, and witness names and contact details all become critical evidence for your case.
- • An experienced Ohio car accident attorney can protect your rights and fight for fair compensation — and with a contingency fee structure, you pay nothing unless you recover.
What Is a Statute of Limitations?
The statute of limitations specifies the period of time in which you may file a claim or lawsuit for a particular action. The time allowed under a statute of limitations varies depending on the type of case. However, most statutes of limitations concern civil cases, like claims for personal injury, wrongful death, or contract violations.
The importance of a statute of limitations deadline cannot be understated. If you miss the period to file your lawsuit due to the expiration of the statute of limitations, you will most likely be barred from seeking recovery for your losses.
What Is the Ohio Car Accident Statute of Limitations?
The statute of limitations for a car accident in Ohio is two years from the accident date.
While there is no specific Ohio car accident statute, Ohio Revised Code Section 2305.10 provides that the statute of limitations begins running on the accident date.
Two years may seem like plenty of time to pursue a lawsuit against the at-fault party.
However, your injuries can cause you to lose the ability to work and other long-term effects, so you may have a lot of other things on your mind after an accident. It’s imperative to contact a personal injury attorney as soon as possible to move forward with your claim.
Missing your opportunity to seek compensation for a disruption to your life one that was caused by the negligent actions of someone else—may be catastrophic to you and your family. Without the necessary financial support, you may find it challenging, if not nearly impossible, to heal physically and emotionally.
Contact us for a free consultation
When the 2-Year Deadline Does Not Apply: Ohio Tolling Exceptions
The 2-year rule is the standard deadline, but Ohio law recognizes specific situations where that clock starts later or is temporarily paused. These are called tolling provisions.
When the injured person is a minor
Under Ohio Revised Code Section 2305.16, if the injured person was under 18 at the time of the accident, the 2-year deadline does not begin until their 18th birthday. A 16-year-old injured in a crash has until age 20 to file roughly 4 years from the date of the accident. Once they turn 18, the standard 2-year window begins.
When the injured person is mentally incapacitated
Under the same provision ORC Section 2305.16 if the injured person is legally deemed mentally incapacitated at the time of the crash, the statute of limitations is paused until that status ends. Once legal capacity is restored, the 2-year clock begins.
When the at-fault driver leaves Ohio or hides
Under Ohio Revised Code Section 2305.15, time spent by the at-fault party outside Ohio or in hiding does not count toward the statute of limitations. If the at-fault driver moves out of state or cannot be located, that period of absence is excluded from the 2-year window. Under Section 2305.15(B), time spent by the defendant in prison is also excluded.
The discovery rule
In most car accident cases, injuries are immediately apparent and the clock starts on the accident date. In rare situations where an injury was not and could not reasonably have been discovered at the time of the crash, Ohio law allows the clock to begin on the date the injury was discovered or should have been discovered. This exception is uncommon in standard car accident claims but is worth knowing if a delayed-onset condition is later linked to the crash.
Different Deadlines for Different Types of Car Accident Claims
Not every claim arising from a car accident shares the same 2-year deadline. Depending on the circumstances, a shorter deadline or a separate procedural requirement may apply.
Property damage claims
Under Ohio Revised Code Section 2305.10, property damage claims from a car accident carry the same 2-year deadline as personal injury claims. If your vehicle was totaled or damaged, you have 2 years from the accident date to file a property damage lawsuit against the at-fault driver.
Wrongful death claims
If a crash victim dies, the statute of limitations for a wrongful death claim is 2 years from the date of death not the date of the accident under Ohio Revised Code Section 2125.02. If a victim spends days or weeks in the hospital before passing away, the wrongful death deadline runs from when they died, which can be a materially different date from when the crash occurred.
Claims against a government entity
If the at-fault driver was a government employee operating a government vehicle such as a city bus, a county-owned truck, or a state agency vehicle, different procedural rules and strict immunities apply. While the statute of limitations to file a lawsuit is generally still 2 years, navigating the Ohio Political Subdivision Tort Liability Act (for local governments) or the Court of Claims (for the state) requires immediate action. Government entities are immune from many types of lawsuits, and specific pre-suit administrative steps or investigations are often required before a case can proceed. If your crash involved any government vehicle, contacting an attorney quickly is especially important.
Uninsured and underinsured motorist (UM/UIM) claims
If the at-fault driver had no insurance or not enough to cover your damages, you may need to file a claim under your own UM/UIM policy. These claims are governed by your insurance contract, not just the statute of limitations. Most policies require notice of a UM/UIM claim within 30 days of the accident or within a set period after discovering the other driver’s lack of coverage. Missing a policy’s internal notice requirement can give your insurer grounds to deny the claim even if the 2-year filing deadline has not passed.
Does the Statute of Limitations for a Car Accident in Ohio Stop Running When I File an Insurance Claim?
It’s important to remember that filing a claim with an insurance company does not “toll” or temporarily pause the statute of limitations.
In other words, filing a claim with the insurance company does not mean you have preserved your right to file suit under the statute of limitations; making a claim and filing a lawsuit are different processes.
Some insurance adjusters may purposely extend negotiations to your detriment. Extended negotiations delay a settlement while, in the meantime, the statute of limitations for your car accident in Ohio may run out. Additionally, don’t think you should wait to file your lawsuit until your injuries heal.
In some situations, injuries resulting from car accidents last months and even years. If you wait for your injuries to resolve, the statute of limitations will likely run out, barring you from filing suit.
What Should I Do After a Car Accident in Ohio?
The aftermath of a car accident represents a particularly traumatic experience. Time may go slowly or fly past as you try to make sense of what just occurred. It’s easy to miss or forget details in the days following a car accident in Ohio.
That’s why, if you’re able, you should try to record as much as you can in the minutes following a car accident. If possible, collect the following information:
- The other driver’s insurance information,
- The other driver’s contact information,
- The names and contact information for any witnesses.
Your personal injury attorney uses this basic information to gather the facts surrounding your case. When it comes to insurance adjusters, it’s best to wait until you’ve obtained legal representation to speak to them about your injuries or property damage.
Frequently Asked Questions
What is the statute of limitations for a car accident in Ohio?
The standard deadline is 2 years from the date of the accident under Ohio Revised Code Section 2305.10. This applies to personal injury and property damage claims. Separate deadlines apply to wrongful death claims (2 years from the date of death under ORC 2125.02). Claims against government entities generally follow a 2-year deadline but involve strict procedural hurdles.
What happens if I miss the 2-year deadline in Ohio?
In almost all circumstances, a court will dismiss a lawsuit filed after the statute of limitations has expired, regardless of how strong the underlying claim is. Once the deadline passes, insurance companies are also far less likely to settle because they know a lawsuit can no longer be filed. Missing the deadline typically means losing the right to any court-ordered compensation.
Is the deadline different if the injured person was a minor at the time of the crash?
Yes. Under Ohio Revised Code Section 2305.16, the 2-year clock does not begin until the minor’s 18th birthday. A 16-year-old injured in a car accident has until age 20 not 2 years from the crash date to file a personal injury lawsuit.
Is there a shorter deadline if a government vehicle caused my accident?
While the statute of limitations is generally still 2 years, claims against Ohio government entities (like a city bus or state vehicle) are governed by strict tort liability laws. Government entities enjoy broad immunities, and specific pre-suit administrative steps are often required. If a government vehicle was involved, contact an attorney immediately to protect your right to sue.
Does the 2-year deadline also apply to damage to my car?
Yes. Under Ohio Revised Code Section 2305.10, property damage claims from a car accident carry the same 2-year filing deadline as personal injury claims.
How Can an Ohio Car Accident Attorney Help Me?
Aaron Bensinger is an Ohio car accident attorney ready to help you. With extensive experience in the fields of personal injury and civil litigation, Aaron works tirelessly to represent your rights. He understands the financial and emotional stress you are under, and he works to obtain fair compensation on your behalf so you can focus on your recovery.
Aaron takes an aggressive approach with insurance companies and attorneys. He won’t hesitate to take your case to trial if the insurance company refuses to offer a fair settlement.
Understanding personal injury, including the statute of limitations for a car accident in Ohio, probably feels overwhelming. Remember, you don’t pay unless you recover, so contact us today for a free consultation to find out how we can help you.
Aaron L. Bensinger is an Ohio attorney serving personal injury and civil litigation clients. He has extensive trial experience and makes client service is his primary focus. As a partner at Balyeat, Leahy, Daley, Miller & Bensinger, LLC, Aaron happily works in Lima, OH, and serves the entire Northwest region of the state and beyond.
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