Clarify compensatory damages for damaged vehicles

As Introduced

136th
General Assembly

Regular
Session
S. B. No. 131

2025-2026

Senator Cutrona

A
BILL

To
amend section 2315.18 of the Revised Code
to
clarify compensatory damages for damaged vehicles.

BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section
1.
That
section 2315.18 of the Revised Code be amended to read as follows:

Sec.
2315.18.
(A)
As used in this section and in section 2315.19 of the Revised Code:

(1)
"Asbestos claim" has the same meaning as in section 2307.91
of the Revised Code.

(2)
"Economic loss" means any of the following types of
pecuniary harm:

(a)
All wages, salaries, or other compensation lost as a result of an
injury or loss to person or property that is a subject of a tort
action;

(b)
All expenditures for medical care or treatment, rehabilitation
services, or other care, treatment, services, products, or
accommodations as a result of an injury or loss to person or property
that is a subject of a tort action;

(c)
Any other expenditures incurred as a result of an injury or loss to
person or property that is a subject of a tort action, other than
attorney's fees incurred in connection with that action.

(3)
"Medical claim," "dental claim," "optometric
claim," and "chiropractic claim" have the same
meanings as in section 2305.113 of the Revised Code.

(4)
"Noneconomic loss" means nonpecuniary harm that results
from an injury or loss to person or property that is a subject of a
tort action, including, but not limited to, pain and suffering, loss
of society, consortium, companionship, care, assistance, attention,
protection, advice, guidance, counsel, instruction, training, or
education, disfigurement, mental anguish, and any other intangible
loss.

(5)
"Occurrence" means all claims resulting from or arising out
of any one person's bodily injury.

(6)
"Product liability claim" has the same meaning as in
section 2307.71 of the Revised Code.

(7)
"Tort action" means a civil action for damages for injury
or loss to person or property. "Tort action" includes a
civil action upon a product liability claim or an asbestos claim, a
civil action based on an unlawful discriminatory practice relating to
employment brought under section 4112.052 of the Revised Code, and a
civil action brought under section 4112.14 of the Revised Code. "Tort
action" does not include a civil action upon a medical claim,
dental claim, optometric claim, or chiropractic claim or a civil
action for damages for a breach of contract or another agreement
between persons.

(8)
"Trier of fact" means the jury or, in a nonjury action, the
court.

(B)
In a tort action to recover damages for injury or loss to person or
property, all of the following apply:

(1)
(1)(a)

There shall not be any limitation on the amount of compensatory
damages that represents the economic loss of the person who is
awarded the damages in the tort action.

(b)
When determining the amount of compensatory damages relating to a
damaged vehicle, a court shall award an amount based on the following
criteria:

(i)
The difference between the vehicle's fair market value immediately
before and immediately after the damage;

(ii)
The cost of repair of the vehicle, if the vehicle is repairable, so
long as the cost of repair does not exceed the difference in market
value of the vehicle before and after the damage;

(iii)
If the vehicle is repairable within a reasonable amount of time, the
loss of use of the vehicle for the reasonable time necessary to make
the repairs;

(iv)
If the vehicle is repairable but the post-repair fair market value is
less after repairs than the fair market value before the damage
occurred due to accident history or other factors, the difference in
the fair market value before the damage and after the repairs;

(v)
Where a vehicle cannot be repaired, the difference between the fair
market value of the vehicle immediately before the damage and the
salvage value of the wreckage.

(c)
In subrogation related to an award of damages for a damaged vehicle
determined under this section, an insurer shall only recover for
amounts actually distributed to an insured. If an insurer is awarded
more than the amount paid out to the insured, then the insurer shall
pass on that amount to the insured.

(2)
Except as otherwise provided in division (B)(3) of this section, the
amount of compensatory damages that represents damages for
noneconomic loss that is recoverable in a tort action under this
section to recover damages for injury or loss to person or property
shall not exceed the greater of two hundred fifty thousand dollars or
an amount that is equal to three times the economic loss, as
determined by the trier of fact, of the plaintiff in that tort action
to a maximum of three hundred fifty thousand dollars for each
plaintiff in that tort action or a maximum of five hundred thousand
dollars for each occurrence that is the basis of that tort action.

(3)
There shall not be any limitation on the amount of compensatory
damages that represents damages for noneconomic loss that is
recoverable in a tort action to recover damages for injury or loss to
person or property if the noneconomic losses of the plaintiff are for
either of the following:

(a)
Permanent and substantial physical deformity, loss of use of a limb,
or loss of a bodily organ system;

(b)
Permanent physical functional injury that permanently prevents the
injured person from being able to independently care for self and
perform life-sustaining activities.

(C)
In determining an award of compensatory damages for noneconomic loss
in a tort action, the trier of fact shall not consider any of the
following:

(1)
Evidence of a defendant's alleged wrongdoing, misconduct, or guilt;

(2)
Evidence of the defendant's wealth or financial resources;

(3)
All other evidence that is offered for the purpose of punishing the
defendant, rather than offered for a compensatory purpose.

(D)
If a trial is conducted in a tort action to recover damages for
injury or loss to person or property and a plaintiff prevails in that
action, the court in a nonjury trial shall make findings of fact, and
the jury in a jury trial shall return a general verdict accompanied
by answers to interrogatories, that shall specify all of the
following:

(1)
The total compensatory damages recoverable by the plaintiff;

(2)
The portion of the total compensatory damages that represents damages
for economic loss;

(3)
The portion of the total compensatory damages that represents damages
for noneconomic loss.

(E)(1)
After the trier of fact in a tort action to recover damages for
injury or loss to person or property complies with division (D) of
this section, the court shall enter a judgment in favor of the
plaintiff for compensatory damages for economic loss in the amount
determined pursuant to division (D)(2) of this section, and, subject
to division (F)(1) of this section, the court shall enter a judgment
in favor of the plaintiff for compensatory damages for noneconomic
loss. Except as provided in division (B)(3) of this section, in no
event shall a judgment for compensatory damages for noneconomic loss
exceed the maximum recoverable amount that represents damages for
noneconomic loss as provided in division (B)(2) of this section.
Division (B) of this section shall be applied in a jury trial only
after the jury has made its factual findings and determination as to
the damages.

(2)
Prior to the trial in the tort action described in division (D) of
this section, any party may seek summary judgment with respect to the
nature of the alleged injury or loss to person or property, seeking a
determination of the damages as described in division (B)(2) of this
section.

(F)(1)
A court of common pleas has no jurisdiction to enter judgment on an
award of compensatory damages for noneconomic loss in excess of the
limits set forth in this section.

(2)
If the trier of fact is a jury, the court shall not instruct the jury
with respect to the limit on compensatory damages for noneconomic
loss described in division (B)(2) of this section, and neither
counsel for any party nor a witness shall inform the jury or
potential jurors of that limit.

(G)
With respect to a tort action to which division (B)(2) of this
section applies, any excess amount of compensatory damages for
noneconomic loss that is greater than the applicable amount specified
in division (B)(2) of this section shall not be reallocated to any
other tortfeasor beyond the amount of compensatory damages that the
tortfeasor would otherwise be responsible for under the laws of this
state.

(H)
This section does not apply to any of the following:

(1)
Tort actions that are brought against the state in the court of
claims, including, but not limited to, those actions in which a state
university or college is a defendant and to which division (B)(3) of
section 3345.40 of the Revised Code applies;

(2)
Tort actions that are brought against political subdivisions of this
state and that are commenced under or are subject to Chapter 2744. of
the Revised Code. Division (C) of section 2744.05 of the Revised Code
applies to recoverable damages in those actions.

(3)
Wrongful death actions brought pursuant to Chapter 2125. of the
Revised Code.

(I)
If the provisions regarding the limits on compensatory damages for
noneconomic loss set forth in division (B)(2) of this section have
been determined to be unconstitutional, then division (C) of this
section and section 2315.19 of the Revised Code shall govern the
determination of an award of compensatory damages for noneconomic
loss in a tort action.

Section
2.
That
existing section 2315.18 of the Revised Code is hereby repealed.