Statute of Limitations for Car Accidents in Ohio: Complete Guide

After the shock and stress of a car accident in Ohio, the path to recovery can seem overwhelming. Medical appointments, vehicle repairs, and lost time from work create a mountain of concerns. Amid this chaos, it is crucial to understand that your legal right to seek compensation is not indefinite. There is a strict legal deadline for taking action, known as the statute of limitations for car accidents in Ohio. Generally, you have two years to file a lawsuit for your injuries and damages. Missing this critical deadline can permanently close the door on your ability to recover the compensation you deserve.

Navigating these complex legal timelines while trying to heal is a significant burden. At Pencheff & Fraley, we believe you shouldn’t have to carry it alone. An experienced car accident attorney can manage these deadlines, protect your rights, and fight for the full value of your claim. This guide will walk you through everything you need to know about Ohio’s statute of limitations, but we encourage you to contact our team for personalized legal advice.

Understanding Ohio’s Two-Year Deadline for Car Accident Claims

The primary law governing the timeline for car accident lawsuits in Ohio is Ohio Revised Code § 2305.10. This statute sets the fundamental time limit for filing a civil action to recover damages for injuries to a person or their property.

For victims of a car accident, this law means you have a two-year window to formally file a lawsuit against the at-fault party. This deadline applies to claims for both:

• Bodily Injury: This includes compensation for medical bills, future treatment costs, lost wages, and pain and suffering resulting from physical injuries.
• Property Damage: This covers the cost to repair or replace your vehicle and any other personal property damaged in the collision.

The purpose of a statute of limitations is to ensure fairness and practicality in the legal system. It encourages prompt action while evidence is still fresh and witnesses’ memories are reliable. It also prevents the indefinite threat of a lawsuit hanging over a potential defendant.

Ohio Revised Code § 2305.10(A) states: “…an action for bodily injury or injuring personal property shall be brought within two years after the cause of action accrues.”

This language is the foundation of your legal timeline. Understanding precisely when this two-year clock begins is the next critical piece of the puzzle.

When Does the Clock Start Ticking? The Importance of the Accrual Date

The two-year countdown is not arbitrary; it begins on a specific date known as the “accrual date.” For the vast majority of Ohio car accident cases, the cause of action accrues—and the statute of limitations clock starts ticking—on the date of the accident itself.

This is a straightforward calculation. For example, if your car accident occurred on January 15, 2025, you must file a formal lawsuit with the appropriate Ohio court no later than January 15, 2027. If you file on January 16, 2027, your case will almost certainly be dismissed.

While this seems simple, the accrual date can become more complex if an injury is not immediately obvious. This is where legal exceptions, such as the “discovery rule,” can come into play and potentially alter your filing deadline. These exceptions are narrow and highlight the importance of consulting with an attorney rather than making assumptions about your timeline.

Critical Exceptions That Can Change the Filing Deadline

While Ohio’s two-year rule is strict, the law recognizes that certain circumstances can prevent a person from filing a timely lawsuit. These exceptions are complex and often require a legal professional to argue their application successfully. It is a significant risk to assume an exception applies to your case without first seeking legal counsel.

The Discovery Rule: For Injuries Not Immediately Apparent

In some tragic cases, an injury from a car accident is not immediately known. A victim might walk away feeling sore, only to be diagnosed months later with a serious internal injury, a traumatic brain injury with delayed symptoms, or a chronic spinal condition caused by the crash. In these situations, Ohio’s discovery rule may apply. The rule, as outlined in Ohio Revised Code § 2305.10, states that the statute of limitations clock does not begin to run until the injury is discovered, or through the exercise of reasonable diligence, should have been discovered.

For example, if you develop persistent headaches six months after an accident and an MRI reveals a brain injury linked to the collision, an attorney could argue that your two-year clock started from the date of the diagnosis, not the date of the accident.

Claims for Minors: Tolling Until the Age of 18

When a minor (a person under 18) is injured in a car accident, the law provides them with additional time. This is known as “tolling,” which means the statute of limitations is paused. According to Ohio Revised Code § 2305.16, the two-year clock does not begin to run until the minor’s 18th birthday.

This means an individual injured as a minor in a car accident has until their 20th birthday to file a lawsuit.

Defendant’s Absence or Concealment: When the Clock Pauses

If an at-fault driver attempts to evade a lawsuit by leaving the state of Ohio or actively concealing their whereabouts, the law prevents them from running out the clock. Ohio Revised Code § 2305.15 provides that the period of the defendant’s absence or concealment is not counted as part of the statute of limitations. This ensures that a plaintiff’s right to sue is protected from a defendant’s attempts to avoid accountability.

Insurance Claim vs. Lawsuit: A Crucial Distinction You Can’t Ignore

This is one of the most dangerous and common misconceptions for car accident victims. Many people believe that as long as they have opened a claim with the at-fault driver’s insurance company, their rights are protected. This is incorrect.

Filing an insurance claim does NOT stop, pause, or toll the two-year statute of limitations.

An insurance claim is simply a request for payment made to an insurance company. A lawsuit is a formal legal action filed in a court of law. You can have an active insurance claim for 23 months, but if you do not file a lawsuit before the two-year deadline, you will lose your right to sue.

Insurance adjusters are fully aware of this deadline. Some may even use it to their advantage by intentionally delaying negotiations, making lowball offers, and giving you the impression that a fair settlement is just around the corner. Once the two-year mark passes, they have no legal incentive to offer you anything, as they know you can no longer take them to court.

Special Circumstances and Different Timelines

Not all car accident claims fit neatly into the standard two-year rule. Certain situations trigger different timelines and requirements that are essential to understand.

Claim Type	Statute of Limitations	Clock Starts From…
Personal Injury	2 Years	Date of Accident/Discovery
Property Damage	2 Years	Date of Accident
Wrongful Death	2 Years	Date of Death
Claim vs. Government	Generally 2 Years	Date of Accident (but with special notice rules)
UM/UIM Claim	Varies (Check Policy)	Varies by Insurance Contract

Wrongful Death Claims After a Fatal Car Accident

If a car accident results in a fatality, the victim’s surviving family members may be able to file a wrongful death lawsuit. According to Ohio Revised Code § 2125.02, the statute of limitations for a wrongful death claim is two years from the date of the victim’s death, which may be different from the date of the accident.

Claims Against Government Entities in Ohio

Was your accident caused by a city bus, a state-owned vehicle, or a government employee on the job? Suing a government entity in Ohio involves a different set of rules. While the statute of limitations is generally still two years under the Ohio Court of Claims Act, there may be specific and often shorter “notice of claim” requirements that must be met long before the lawsuit deadline. Failure to provide proper notice can bar your claim entirely.

Uninsured/Underinsured Motorist (UM/UIM) Claims

If the at-fault driver has no insurance or not enough insurance to cover your damages, you may need to file a claim with your own insurance company under your UM/UIM coverage. The time limit for these claims is not governed by the state’s two-year statute but by the terms of your insurance contract. Some policies may provide a shorter or longer period, making it critical to review your policy and consult an attorney immediately.

What Happens If You Miss the Statute of Limitations?

The consequences of missing the statute of limitations are severe and irreversible. If you attempt to file a lawsuit after the deadline has passed:

1. The defendant’s attorney will immediately file a motion to dismiss your case.
2. The court will verify that the deadline has expired.
3. The judge will grant the motion and dismiss your case with prejudice, meaning you can never file it again.

You will be permanently barred from recovering any compensation for your medical bills, lost income, pain and suffering, or property damage through the legal system. The at-fault party and their insurance company will be completely released from legal liability.

Frequently Asked Questions (FAQ)

Can I sue after 2 years for a car accident in Ohio?

Generally, no. Once the two-year deadline passes, you are barred from filing a lawsuit. Only in very rare circumstances where a legal exception like the discovery rule or tolling for minors applies could the deadline be extended.

How long do I have to report a car accident to the police in Ohio?

You should report a car accident to the police immediately from the scene, especially if there are injuries. According to Ohio law, accidents involving injury, death, or significant property damage must be reported. This is separate from the two-year deadline to file a lawsuit.

How long does an insurance company have to settle a claim in Ohio?

Ohio law requires insurance companies to act in good faith and handle claims in a timely manner, but there is no hard deadline for them to offer a settlement. Their negotiation timeline does not affect your two-year statute of limitations for filing a lawsuit.

What is the statute of limitations for property damage in Ohio?

The statute of limitations for property damage claims from a car accident is also two years under Ohio Revised Code § 2305.10, the same as for personal injury claims.

Should I wait until my injuries are fully healed to file a lawsuit?

No. While you need to understand the extent of your injuries to determine your damages, you should not wait to contact an attorney. Waiting too long risks missing the filing deadline. An attorney can file a lawsuit to protect the deadline while you continue to receive medical treatment.

How Pencheff & Fraley Can Protect Your Claim

Understanding and meeting the statute of limitations is the most fundamental step in any car accident case. An experienced attorney is your best defense against losing your rights due to a missed deadline. The legal team at Pencheff & Fraley takes immediate action to protect your claim.

We will: * Thoroughly investigate the details of your accident. * Precisely calculate the statute of limitations deadline for your specific circumstances. * Handle all communications with insurance companies on your behalf. * Gather the evidence needed to build a strong case. * File a lawsuit in a timely manner to preserve your right to seek justice.

“Navigating Ohio’s statute of limitations is one of the most critical first steps. Our priority is to protect our clients’ rights by ensuring every deadline is met, so they can focus on recovery.” – [Attorney Name], Pencheff & Fraley

Don’t risk your right to compensation by waiting. The clock is ticking. Contact the experienced Ohio car accident attorneys at Pencheff & Fraley today!

Contact us today for a free, no-obligation consultation. We will review your case, answer your questions, and explain your legal options. Learn how we can help you on the road to recovery. Pay nothing unless we win your case.

Call us at 866-267-6979 or visit our website at www.pencheffandfraley.com to schedule your free case consultation.

Author: Pencheff and Fraley Legal Team

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Every case is unique, and you should consult with a qualified attorney about your specific situation.