Legal Question in Personal Injury in Ohio
Statute of Limitations
What is the statute of limitations on making an insurance claim for personal injury as a result of an automobile accident in the State of Ohio? Are we required to accept or reject a settlement offer from the responsible party's insurance company prior to that date?
1 Answer from Attorneys
Re: Statute of Limitations
If I understand your question correctly, if you suffer a personal injury, the statute of limitations is generally two years from the date of the accident or incident that causes the personal injury. There are exceptions. If you do not settle with the insurance company (I am assuming this is the insurance company for the at-fault party), then you must file a complaint in the Court of Common Pleas on or before the second anniversary of the accident. You would bring suit against the at-fault party, not his or her or its insurer. If you are dealing with your own insurance company on an uninsured or underinsured motorist claim, I cannot give you an exact answer as the policy may provide a statute of limitations or there may be other factors to take into consideration. You must read the policy. The statute may be as short as one year in the policy. Even if the policy does not provide a specific statute of limitations, I like to try to bring suit prior to the expiration of the two year statute of limitations.