Ohio · Comparative fault · Updated Oct 2026

Comparative fault in Ohio: who pays when both drivers share the blame

How modified comparative fault with a 51% bar works in Ohio, the law behind it and how insurers apply it.

Short answer

In Ohio, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more).

Rule
Modified (51% bar)
You recover nothing at
51% of the fault or more
Law
Ohio Rev. Code § 2315.33 (you recover if your fault is not greater than the combined fault of the others; damages are cut by your share)
Insurance system
Fault (tort)

Insurance and small claims in Ohio

No PIP. Ohio is a fault (tort) state: the driver who caused the crash, and their liability insurer, pays for other people's injuries and damage.

Small claims limit for car damage in Ohio: $6,000. Ohio small claims guide on Small Claims Map

How fast an insurer must handle a claim in Ohio

  • Insurers must acknowledge a claim within 15 days, answer your communications within 15 days, decide whether to accept or deny within 21 days after proof of loss (or tell you why they need more time), and pay a first-party claim within 10 days after accepting it when the amount is not in dispute (Ohio Adm. Code 3901-1-54).

If the insurer says you were partly at fault

  1. Get the police report. Search the Ohio Department of Public Safety Crash Retrieval system by crash number or document number (or advanced search) at https://ohtrafficdata.dps.ohio.gov/CrashRetrieval. Reporting a crash in Ohio and getting the police report
  2. Ask the insurer in writing what share of the fault it gave you and why, and send your photos, witness names and estimates.
  3. If the insurer blames you without a good reason, complain to Ohio Department of Insurance, Consumer Services.
  4. Sue before the deadline: 2 years for both property damage and injury. Deadlines to sue in Ohio, with the calculator

Who pays in Ohio: fault and payout explainer

Modified comparative fault (51% bar)In Ohio, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more).

Free help in Ohio

Questions about comparative fault in Ohio

Is Ohio a comparative negligence state?

Yes, modified comparative negligence with a 51% bar. Ohio Rev. Code § 2315.33 (you recover if your fault is not greater than the combined fault of the others; damages are cut by your share)

Where can I complain if an insurer blames me unfairly in Ohio?

Ohio Department of Insurance, Consumer Services: https://gateway.insurance.ohio.gov/UI/ODI.CS.Public.UI/Complaint.mvc · 800-686-1526

How fast must an insurer handle a car insurance claim in Ohio?

Insurers must acknowledge a claim within 15 days, answer your communications within 15 days, decide whether to accept or deny within 21 days after proof of loss (or tell you why they need more time), and pay a first-party claim within 10 days after accepting it when the amount is not in dispute (Ohio Adm. Code 3901-1-54).

How do I get the police report in Ohio?

Search the Ohio Department of Public Safety Crash Retrieval system by crash number or document number (or advanced search) at https://ohtrafficdata.dps.ohio.gov/CrashRetrieval. You can also ask the police agency that took the report. The portal does not state a fee.

More for Ohio drivers

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Sources

Last checked: Oct 24, 2026.