HB 596: Require uninsured motorist coverage; increase minimum coverage

As Introduced

136th General Assembly

Regular Session

H. B. No. 596

2025-2026

Representatives Mohamed, Williams

Cosponsors: Representatives Brennan, Upchurch

To amend sections 3937.18, 4509.01, 4509.20, and 1 4509.51 of the Revised Code to require all motor 2 vehicle insurance policies to include uninsured 3 motorist coverage and to increase the state's 4 minimum auto liability insurance requirements 5 for bodily injury or death to another person or 6 persons.

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

Section 1. That sections 3937.18, 4509.01, 4509.20, and 8 4509.51 of the Revised Code be amended to read as follows:

Sec. 3937.18.

(A) Any policy of insurance delivered or 10 issued for delivery in this state with respect to any motor 11 vehicle registered or principally garaged in this state that 12 insures against loss resulting from liability imposed by law for 13 bodily injury or death suffered by any person arising out of the 14 ownership, maintenance, or use of a motor vehicle, may, but is 15 not required to, shall include uninsured motorist coverage, and 16 may, but is not required to, include underinsured motorist 17 coverage, or both uninsured and underinsured motorist coverages. 18 Unless otherwise defined in the policy or any endorsement 19 to the policy, "motor vehicle," for purposes of the uninsured ..... 20 motorist coverage, underinsured motorist coverage, or both ..... 21 uninsured and underinsured motorist coverages, means a self- ..... 22 propelled vehicle designed for use and principally used on ..... 23 public roads, including an automobile, truck, semi-tractor, ..... 24 motorcycle, and bus. "Motor vehicle" also includes a motor home, ..... 25 provided the motor home is not stationary and is not being used ..... 26 as a temporary or permanent residence or office. "Motor vehicle" ..... 27 does not include a trolley, streetcar, trailer, railroad engine, ..... 28 railroad car, motorized bicycle, golf cart, off-road ..... 29 recreational vehicle, snowmobile, fork lift, aircraft, ..... 30 watercraft, construction equipment, farm tractor or other ..... 31 vehicle designed and principally used for agricultural purposes, ..... 32 mobile home, vehicle traveling on treads or rails, or any ..... 33 similar vehicle. ..... 34 (B) (1) For purposes of any uninsured motorist coverage ..... 35 included in a policy of insurance, an "uninsured motorist" is ..... 36 the owner or operator of a motor vehicle if any of the following ..... 37 conditions applies: ..... 38 (a) There exists no bodily injury liability bond or ..... 39 insurance policy covering the owner's or operator's liability to ..... 40 the insured. ..... 41 (b) The liability insurer denies coverage to the owner or ..... 42 operator, or is or becomes the subject of insolvency proceedings ..... 43 in any state. ..... 44 (c) The identity of the owner or operator cannot be ..... 45 determined, but independent corroborative evidence exists to ..... 46 prove that the bodily injury, sickness, disease, or death of the ..... 47 insured was proximately caused by the negligence or intentional ..... 48 actions of the unidentified operator of the motor vehicle. For ..... 49 purposes of division (B) (1) (c) of this section, the testimony of any insured seeking recovery from the insurer shall not constitute independent corroborative evidence, unless the testimony is supported by additional evidence. (d) The owner or operator has diplomatic immunity. (e) The owner or operator has immunity under Chapter 2744. of the Revised Code. (2) (a) A policy of motor vehicle insurance or a program of self-insurance covering motor vehicles shall not exclude a person who is provided immunity under Chapter 2744. of the Revised Code from the definition of "uninsured motorist" used in the policy or program. (b) Division (B) (2) (a) of this section applies to all policies of motor vehicle insurance amended, issued, or renewed, as well as all programs of self-insurance in operation on and after, six months after the effective date of this amendmentMarch 14, 2023. (c) The amendments to division (B) (2) of this section made by S.B. 56 of the 134th general assembly are not to be construed as affecting a policy of motor vehicle insurance or a program of self-insurance covering motor vehicles except to the limited extent provided in those amendments and no other changes are to be implied. (3) An "uninsured motorist" does not include the owner or operator of a motor vehicle that is self-insured within the meaning of the financial responsibility law of the state in which the motor vehicle is registered. (C) If underinsured motorist coverage is included in a policy of insurance, the underinsured motorist coverage shall provide protection for insureds thereunder for bodily injury, ..... 79 sickness, or disease, including death, suffered by any insured ..... 80 under the policy, where the limits of coverage available for ..... 81 payment to the insured under all bodily injury liability bonds ..... 82 and insurance policies covering persons liable to the insured ..... 83 are less than the limits for the underinsured motorist coverage. ..... 84 Underinsured motorist coverage in this state is not and shall ..... 85 not be excess coverage to other applicable liability coverages, ..... 86 and shall only provide the insured an amount of protection not ..... 87 greater than that which would be available under the insured's ..... 88 uninsured motorist coverage if the person or persons liable to ..... 89 the insured were uninsured at the time of the accident. The ..... 90 policy limits of the underinsured motorist coverage shall be ..... 91 reduced by those amounts available for payment under all ..... 92 applicable bodily injury liability bonds and insurance policies ..... 93 covering persons liable to the insured. ..... 94 For purposes of underinsured motorist coverage, an ..... 95 "underinsured motorist" does not include the owner or operator ..... 96 of a motor vehicle that has applicable liability coverage in the ..... 97 policy under which the underinsured motorist coverage is ..... 98 provided. ..... 99 (D) With respect to the uninsured motorist coverage, ..... 100 underinsured motorist coverage, or both uninsured and ..... 101 underinsured motorist coverages included in a policy of ..... 102 insurance, an insured shall be required to prove all elements of ..... 103 the insured's claim that are necessary to recover from the owner ..... 104 or operator of the uninsured or underinsured motor vehicle. ..... 105 (E) The uninsured motorist coverage, underinsured motorist ..... 106 coverage, or both uninsured and underinsured motorist coverages ..... 107 included in a policy of insurance shall not be subject to an ..... 108 exclusion or reduction in amount because of any workers' ..... 109 compensation benefits payable as a result of the same injury or ..... 110 death. (F) Any policy of insurance that includes uninsured ..... 112 motorist coverage, underinsured motorist coverage, or both ..... 113 uninsured and underinsured motorist coverages may, without ..... 114 regard to any premiums involved, include terms and conditions ..... 115 that preclude any and all stacking of such coverages, including ..... 116 but not limited to: (1) Interfamily stacking, which is the aggregating of the ..... 118 limits of such coverages by the same person or two or more ..... 119 persons, whether family members or not, who are not members of ..... 120 the same household; (2) Intrafamily stacking, which is the aggregating of the ..... 122 limits of such coverages purchased by the same person or two or ..... 123 more family members of the same household. (G) Any policy of insurance that includes uninsured ..... 125 motorist coverage, underinsured motorist coverage, or both ..... 126 uninsured and underinsured motorist coverages and that provides ..... 127 a limit of coverage for payment of damages for bodily injury, ..... 128 including death, sustained by any one person in any one ..... 129 automobile accident, may, notwithstanding Chapter 2125. of the ..... 130 Revised Code, include terms and conditions to the effect that ..... 131 all claims resulting from or arising out of any one person's ..... 132 bodily injury, including death, shall collectively be subject to ..... 133 the limit of the policy applicable to bodily injury, including ..... 134 death, sustained by one person, and, for the purpose of such ..... 135 policy limit shall constitute a single claim. Any such policy ..... 136 limit shall be enforceable regardless of the number of insureds, ..... 137 claims made, vehicles or premiums shown in the declarations or ..... 138 policy, or vehicles involved in the accident. ..... 139 (H) Any policy of insurance that includes uninsured ..... 140 motorist coverage, underinsured motorist coverage, or both ..... 141 uninsured and underinsured motorist coverages may include terms ..... 142 and conditions requiring that, so long as the insured has not ..... 143 prejudiced the insurer's subrogation rights, each claim or suit ..... 144 for uninsured motorist coverage, underinsured motorist coverage, ..... 145 or both uninsured and underinsured motorist coverages be made or ..... 146 brought within three years after the date of the accident ..... 147 causing the bodily injury, sickness, disease, or death, or ..... 148 within one year after the liability insurer for the owner or ..... 149 operator of the motor vehicle liable to the insured has become ..... 150 the subject of insolvency proceedings in any state, whichever is ..... 151 later. ..... 152 (I) Any policy of insurance that includes uninsured ..... 153 motorist coverage, underinsured motorist coverage, or both ..... 154 uninsured and underinsured motorist coverages may, subject to ..... 155 section 3937.46 of the Revised Code, include terms and ..... 156 conditions that preclude coverage for bodily injury or death ..... 157 suffered by an insured under specified circumstances, including ..... 158 but not limited to any of the following circumstances: ..... 159 (1) While the insured is operating or occupying a motor ..... 160 vehicle owned by, furnished to, or available for the regular use ..... 161 of a named insured, a spouse, or a resident relative of a named ..... 162 insured, if the motor vehicle is not specifically identified in ..... 163 the policy under which a claim is made, or is not a newly ..... 164 acquired or replacement motor vehicle covered under the terms of ..... 165 the policy under which the uninsured motorist coverage, ..... 166 underinsured motorist coverage, or both uninsured and ..... 167 underinsured motorist coverages are provided; ..... 168 (2) While the insured is operating or occupying a motor vehicle without a reasonable belief that the insured is entitled to do so, provided that under no circumstances will an insured whose license has been suspended, revoked, or never issued, be held to have a reasonable belief that the insured is entitled to operate a motor vehicle; (3) When the bodily injury or death is caused by a motor vehicle operated by any person who is specifically excluded from coverage for bodily injury liability in the policy under which the uninsured motorist coverage, underinsured motorist coverage, or both uninsured and underinsured motorist coverages are provided; (4) While any employee, officer, director, partner, trustee, member, executor, administrator, or beneficiary of the named insured, or any relative of any such person, is operating or occupying a motor vehicle, unless the employee, officer, director, partner, trustee, member, executor, administrator, beneficiary, or relative is operating or occupying a motor vehicle for which uninsured motorist coverage, underinsured motorist coverage, or both uninsured and underinsured motorist coverages are provided in the policy; (5) When the person actually suffering the bodily injury, sickness, disease, or death is not an insured under the policy. (J) In the event of payment to any person under the uninsured motorist coverage, underinsured motorist coverage, or both uninsured and underinsured motorist coverages, and subject to the terms and conditions of that coverage, the insurer making such payment is entitled, to the extent of the payment, to the proceeds of any settlement or judgment resulting from the exercise of any rights of recovery of that person against any person or organization legally responsible for the bodily injury ..... 199 or death for which the payment is made, including any amount ..... 200 recoverable from an insurer that is or becomes the subject of ..... 201 insolvency proceedings, through such proceedings or in any other ..... 202 lawful manner. No insurer shall attempt to recover any amount ..... 203 against the insured of an insurer that is or becomes the subject ..... 204 of insolvency proceedings, to the extent of those rights against ..... 205 the insurer that the insured assigns to the paying insurer. ..... 206 (K) Nothing in this section shall prohibit the inclusion ..... 207 of underinsured motorist coverage in any uninsured motorist ..... 208 coverage included in a policy of insurance. ..... 209 (L) The superintendent of insurance shall study the market ..... 210 availability of, and competition for, uninsured and underinsured ..... 211 motorist coverages in this state and shall, from time to time, ..... 212 prepare status reports containing the superintendent's findings ..... 213 and any recommendations. The first status report shall be ..... 214 prepared not later than two years after October 31, 2001. To ..... 215 assist in preparing these status reports, the superintendent may ..... 216 require insurers and rating organizations operating in this ..... 217 state to collect pertinent data and to submit that data to the ..... 218 superintendent. ..... 219 The superintendent shall submit a copy of each status ..... 220 report to the governor, the speaker of the house of ..... 221 representatives, the president of the senate, and the ..... 222 chairpersons of the committees of the general assembly having ..... 223 primary jurisdiction over issues relating to automobile ..... 224 insurance. ..... 225

Sec. 4509.01.

As used in sections 4509.01 to 4509.78 of ..... 226 the Revised Code: ..... 227 (A) "Person" includes every natural person, firm, ..... 228 partnership, association, or corporation. ..... 229 (B) "Driver" means every person who drives or is in actual ..... 230 physical control of a motor vehicle. ..... 231 (C) "License" includes any license, permit, or privilege ..... 232 to operate a motor vehicle issued under the laws of this state ..... 233 including: ..... 234 (1) Any temporary instruction permit or examiner's driving ..... 235 permit; ..... 236 (2) The privilege of any person to drive a motor vehicle ..... 237 whether or not such person holds a valid license; ..... 238 (3) Any nonresident's operating privilege. ..... 239 (D) "Owner" means a person who holds the legal title of a ..... 240 motor vehicle. If a motor vehicle is the subject of a lease with ..... 241 an immediate right of possession vested in the lessee, the ..... 242 lessee is the owner. A person listed as the owner on a ..... 243 certificate of title on which there is a notation of a security ..... 244 interest is the owner. A buyer or other transferee of a motor ..... 245 vehicle who receives the certificate of title from the seller or ..... 246 transferor listing the seller or transferor thereon as the owner ..... 247 with an assignment of title to the buyer or transferee ..... 248 nonetheless is the owner even though a subsequent certificate of ..... 249 title has not been issued listing the buyer or transferee as the ..... 250 owner. ..... 251 (E) "Registration" means registration certificates and ..... 252 registration plates issued under the laws of this state ..... 253 pertaining to the registration of motor vehicles. ..... 254 (F) "Nonresident" means every person who is not a resident ..... 255 of this state. ..... 256 (G) "Nonresident's operating privilege" means the ..... 257 privilege conferred upon a nonresident by the laws of this state ..... 258 pertaining to the operation by such person of a motor vehicle, ..... 259 or the use of a motor vehicle owned by such person, in this ..... 260 state. (H) "Vehicle" means every device by which any person or ..... 262 property may be transported upon a highway, except electric ..... 263 personal assistive mobility devices, low-speed micromobility ..... 264 devices, devices moved by power collected from overhead electric ..... 265 trolley wires, or used exclusively upon stationary rails or ..... 266 tracks, and except devices other than bicycles moved by human ..... 267 power. (I) "Motor vehicle" means every vehicle propelled by power ..... 269 other than muscular power or power collected from overhead ..... 270 electric trolley wires, except motorized bicycles, electric ..... 271 bicycles, road rollers, traction engines, power shovels, power ..... 272 cranes and other equipment used in construction work and not ..... 273 designed for or employed in general highway transportation, ..... 274 hole-digging machinery, well-drilling machinery, ditch-digging ..... 275 machinery, farm machinery, threshing machinery, hay baling ..... 276 machinery, and agricultural tractors and machinery used in the ..... 277 production of horticultural, floricultural, agricultural, and ..... 278 vegetable products. (J) "Accident" or "motor vehicle accident" means any ..... 280 accident involving a motor vehicle which results in bodily ..... 281 injury to or death of any person, or damage to the property of ..... 282 any person in excess of four hundred dollars. (K) "Proof of financial responsibility" means proof of ..... 284 ability to respond in damages for liability, on account of ..... 285 accidents occurring subsequent to the effective date of such ..... 286 proof, arising out of the ownership, maintenance, or use of a ..... 287 motor vehicle in the amount of twenty-five-fifty thousand ..... 288 dollars because of bodily injury to or death of one person in ..... 289 any one accident, in the amount of fifty-one hundred thousand ..... 290 dollars because of bodily injury to or death of two or more ..... 291 persons in any one accident, and in the amount of twenty-five ..... 292 thousand dollars because of injury to property of others in any ..... 293 one accident. (L) "Motor-vehicle liability policy" means an "owner's ..... 295 policy" or an "operator's policy" of liability insurance, ..... 296 certified as provided in section 4509.46 or 4509.47 of the ..... 297 Revised Code as proof of financial responsibility, and issued, ..... 298 except as provided in section 4509.47 of the Revised Code, by an ..... 299 insurance carrier authorized to do business in this state, to or ..... 300 for the benefit of the person named therein as insured. ..... 301

Sec. 4509.20.

(A) A policy or bond does not comply with ..... 302 divisions (A) (5), (A) (6), and (A) (7) of section 4509.19 of the ..... 303 Revised Code unless issued by an insurance company or surety ..... 304 company authorized to do business in this state, except as ..... 305 provided in division (B) of this section, or unless such policy ..... 306 or bond is subject, if the accident has resulted in bodily ..... 307 injury or death, to a limit, exclusive of interest and costs, of ..... 308 not less than twenty-five-fifty thousand dollars because of ..... 309 bodily injury to or death of one person in any one accident, ..... 310 and, subject to said limit for one person, to a limit of not ..... 311 less than fifty-one hundred thousand dollars because of bodily ..... 312 injury to or death of two or more persons in one accident, and, ..... 313 if the accident has resulted in injury to, or destruction of ..... 314 property, to a limit of not less than twenty-five thousand ..... 315 dollars because of injury to or destruction of property of ..... 316 others in any one accident. ..... 317 (B) A policy or bond does not comply with divisions (A) ..... 318 (5), (A) (6), and (A) (7) of section 4509.19 of the Revised Code ..... 319 with respect to any motor vehicle which was not registered in ..... 320 this state or was a motor vehicle which was registered elsewhere ..... 321 than in this state at the effective date of the policy or bond ..... 322 or the most recent renewal thereof, unless the insurance company ..... 323 or surety company issuing such policy or bond is authorized to ..... 324 do business in this state, or if said company is not authorized ..... 325 to do business in this state unless it executes a power of ..... 326 attorney authorizing the registrar of motor vehicles to accept ..... 327 service on its behalf of notice or process in any action upon ..... 328 such policy or bond arising out of such accident. ..... 329 The registrar may rely upon the accuracy of the ..... 330 information in the required report of a motor vehicle accident ..... 331 as to the existence of insurance or a bond unless the registrar ..... 332 has reason to believe that the information is erroneous. ..... 333

Sec. 4509.51.

Subject to the terms and conditions of an ..... 334 owner's policy, every owner's policy of liability insurance: ..... 335 (A) Shall designate by explicit description or by ..... 336 appropriate reference all motor vehicles with respect to which ..... 337 coverage is thereby granted; ..... 338 (B) Shall insure the person named therein and any other ..... 339 person, as insured, using any such motor vehicles with the ..... 340 express or implied permission of the insured, against loss from ..... 341 the liability imposed by law for damages arising out of the ..... 342 ownership, maintenance, or use of such vehicles within the ..... 343 United States or Canada, subject to monetary limits exclusive of ..... 344 interest and costs, with respect to each such motor vehicle, as ..... 345 follows: ..... 346 (1) Twenty-five-Fifty thousand dollars because of bodily ..... 347 injury to or death of one person in any one accident; ..... 348 (2) Fifty-thousand-One hundred thousand dollars because of ..... 349 bodily injury to or death of two or more persons in any one ..... 350 accident; ..... 351 (3) Twenty-five thousand dollars because of injury to ..... 352 property of others in any one accident. ..... 353

Section 2. That existing sections 3937.18, 4509.01, ..... 354 4509.20, and 4509.51 of the Revised Code are hereby repealed. ..... 355