OHIO AUTO INSURANCE GUIDE
Ohio Comparative Fault & Crash Liability
Ohio uses modified comparative fault. Under Ohio Rev. Code § 2315.33, contributory fault does not bar recovery when the claimant’s percentage of tortious conduct is not greater than the combined tortious conduct of all other persons from whom recovery is sought; damages are reduced in proportion to the claimant’s percentage of fault.
- A claimant at 50% fault is not barred if the combined opposing fault is also 50%; a claimant above 50% is barred.
- Identify all persons whose tortious conduct may be allocated.
- Preserve physical, electronic and witness evidence relevant to causation and percentage allocation.
- Analyze allocation separately from insurance-coverage and damages issues.
Primary Ohio Source
Ohio Rev. Code § 2315.33 — Contributory Fault
Current-law review: September 16, 2026. Apply the statute together with current Ohio appellate authority and the facts of the crash.
VictimsGuide 