Two Years After a Drunk-Driving Crash in Ohio: The Deadline and the Other Driver's Policy Limit

Attorney Answer

Check the deadline before anything else. Ohio gives two years from the crash to sue for injury and for property damage, and you are at that line now. If no lawsuit has been filed, speak to a lawyer today. If a claim is still alive, the driver himself is responsible for losses beyond his policy. Whether you can collect more than the policy depends on what he has.

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.

The clock runs from the crash, not from when you learned the policy limit. If a lawsuit was filed in time, it is open. If not, a lawyer needs to look at the dates right away, because there may be nothing to save.

Beyond the policy. The $100,000 is what his insurer will pay, not the limit of what he owes. A judgment for more is a judgment against him personally. Ohio Rev. Code § 4509.37(A):

(A) The registrar of motor vehicles upon receipt of a certified copy of a judgment, shall impose a class F suspension for the period of time specified in division (B)(6) of section 4510.02 of the Revised Code of the license and registration and any nonresident's operating privilege of any person against whom such judgment was rendered, except as provided in sections 4509.01 to 4509.78 of the Revised Code.

An unpaid judgment keeps his license suspended until it is stayed or satisfied (R.C. 4509.40). That is leverage, not a guarantee of payment.

Your own coverage. The truck's physical-damage coverage, if it had any, is a separate route for the truck itself. For injuries, underinsured motorist coverage can apply when the other driver's limits are too low, but it is optional in Ohio. 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.

Check the declarations page of your own policy for it.

What you can do

1. Today, find out whether a lawsuit has been filed, and if not, call a lawyer with the crash date in hand.

2. Gather the truck's value records, the loss of income while you were without it, and any medical records.

3. Send your own insurer notice of the claim and of the other driver's policy limit.

4. Keep the police report and anything showing the other driver's impairment.

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 under Ohio Rev. Code § 2305.10(A), for injury and for property damage. If that date has passed or is close, treat it as urgent.