Deliberately Struck by a Car in Ohio: Your Injury Claim and the One-Year Clock

Attorney Answer

Treat one year as your deadline. In Ohio a claim for an intentional injury, battery, must be filed within one year, and a court looks at what actually happened rather than how the claim is labeled. If the driver's insurer refuses to cover an intentional act, your own uninsured motorist coverage may apply, if you have it. See a lawyer now, while the evidence and the deadline are fresh. If you are worried about your safety, call 911.

The one-year rule. Ohio Rev. Code § 2305.111(B):

(B) Except as provided in section 2305.115 of the Revised Code and subject to division (C) of this section, an action for assault or battery shall be brought within one year after the cause of the action accrues.

Why relabeling it does not buy time. A negligence claim for bodily injury has two years under Ohio Rev. Code § 2305.10(A). But the Supreme Court of Ohio held in Love v. City of Port Clinton, 37 Ohio St.3d 98, 524 N.E.2d 166 (1988), that where the essential character of a claim is an intentional, offensive touching, the one-year battery limit governs even if the claim is pleaded as negligence. That case involved direct physical contact, not a car, but a deliberate strike with a vehicle is close enough that one year is the safe deadline.

Insurance. Auto liability policies commonly exclude injuries the insured intended, and the policy's own wording decides whether hers does. If her insurer denies coverage, Ohio's definition of an uninsured motorist reaches that situation. Uninsured motorist coverage is optional in Ohio, under Ohio Rev. Code § 3937.18(A):

Any policy of insurance delivered or issued for delivery in this state with respect to any motor vehicle registered or principally garaged in this state that insures against loss resulting from liability imposed by law for bodily injury or death suffered by any person arising out of the ownership, maintenance, or use of a motor vehicle, may, but is not required to, include uninsured motorist coverage, underinsured motorist coverage, or both uninsured and underinsured motorist coverages.

If your policy has it, § 3937.18(B)(1):

(B)(1) For purposes of any uninsured motorist coverage included in a policy of insurance, an "uninsured motorist" is the owner or operator of a motor vehicle if any of the following conditions applies:

(b) The liability insurer denies coverage to the owner or operator, or is or becomes the subject of insolvency proceedings in any state.

If it turns out to have been careless driving instead, the two-year deadline applies, her liability coverage responds like any crash, and fault is compared under Ohio Rev. Code § 2315.33. Filing within one year keeps both routes open.

What you can do

1. Get the medical care you need, and keep all records, bills and the ambulance report.

2. Keep photos of your injuries, the police report number if there is one, and the names of anyone who saw it.

3. Notify your own auto insurer promptly; policies have notice requirements.

4. See a lawyer well before one year has passed.

5. Even if you are handling this yourself, you would be best served by a brief phone consultation with a local Ohio attorney before you act. Most lawyers offer a short initial call at no cost, and a few minutes on your specific facts — and on how your court actually handles this — is worth more than any general guidance, including this page.

⏱ Time limits apply. One year for a battery claim under Ohio Rev. Code § 2305.111(B). Two years applies only if the claim is truly one of negligence (Ohio Rev. Code § 2305.10(A)), so plan on one.