Hurt as a Passenger in Ohio When Both Drivers Deny Fault: Who You Can Claim Against

Attorney Answer

As a passenger, you don't have to settle which driver was at fault before you claim. You can claim against both, and Ohio law has the court or jury divide the fault between them. Because the crash was last year, the two-year deadline is the first thing to protect.

How fault is divided between drivers. Ohio Rev. Code § 2307.23(A):

(A) In determining the percentage of tortious conduct attributable to a party in a tort action under section 2307.22 or sections 2315.32 to 2315.36 of the Revised Code, the court in a nonjury action shall make findings of fact, and the jury in a jury action shall return a general verdict accompanied by answers to interrogatories, that shall specify all of the following:

(1) The percentage of tortious conduct that proximately caused the injury or loss to person or property or the wrongful death that is attributable to the plaintiff and to each party to the tort action from whom the plaintiff seeks recovery in this action;

The drivers' denials don't end your claim; they are what a court is there to resolve. If one driver is found more than half responsible, Ohio Rev. Code § 2307.22(A)(1) makes that driver answerable for all of your economic loss:

(1) In a tort action in which the trier of fact determines that two or more persons proximately caused the same injury or loss to person or property or the same wrongful death and in which the trier of fact determines that more than fifty per cent of the tortious conduct is attributable to one defendant, that defendant shall be jointly and severally liable in tort for all compensatory damages that represent economic loss.

Why you're being turned down. An insurance company's denial is its position, not a court's decision. When each driver's insurer points at the other, the passenger is often the one left waiting, which is why naming both is common.

The deadline. Ohio Rev. Code § 2305.10(A):

(A) Except as provided in division (C) or (E) of this section, an action based on a product liability claim and an action for bodily injury or injuring personal property shall be brought within two years after the cause of action accrues. Except as provided in divisions (B)(1), (2), (3), (4), and (5) of this section, a cause of action accrues under this division when the injury or loss to person or property occurs.

Finding a lawyer. Lawyers decline cases for many reasons, including their own caseload. A bar association lawyer referral service can match you with someone who takes passenger injury claims, and many offer a low-cost first consultation.

What you can do

1. Write down the crash date and work out when two years from it falls, then put a lawyer search ahead of everything else.

2. Gather the police report, your medical records and bills, and any letters from the insurers.

3. Contact a bar association lawyer referral service and say you are a passenger with an injury claim against two drivers.

4. Check whether your own auto policy, or a household member's, includes medical payments or uninsured/underinsured motorist coverage.

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. Two years from the crash to sue for injury under Ohio Rev. Code § 2305.10(A). Treatment, insurance negotiations and a pending police matter do not pause it.