As Introduced
136th General Assembly
Regular Session S. B. No. 131
2025-2026
Senator Cutrona
A B I L L
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;
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(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
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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
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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,
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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
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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
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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.
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