SB 131: Clarify compensatory damages for damaged vehicles

As Introduced

136th General Assembly Regular Session 2025-2026

S. B. No. 131

Senator Cutrona

A B I L L

To amend section 2315.18 of the Revised Code to 1
clarify compensatory damages for damaged 2
vehicles. 3

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

Section 1. That section 2315.18 of the Revised Code be 4
amended to read as follows: 5
Sec. 2315.18. (A) As used in this section and in section 6
2315.19 of the Revised Code: 7
(1) "Asbestos claim" has the same meaning as in section 8
2307.91 of the Revised Code. 9
(2) "Economic loss" means any of the following types of 10
pecuniary harm: 11
(a) All wages, salaries, or other compensation lost as a 12
result of an injury or loss to person or property that is a 13
subject of a tort action; 14
(b) All expenditures for medical care or treatment, 15
rehabilitation services, or other care, treatment, services, 16
products, or accommodations as a result of an injury or loss to 17
person or property that is a subject of a tort action; 18

S. B. No. 131 As Introduced

(c) Any other expenditures incurred as a result of an 19
injury or loss to person or property that is a subject of a tort 20
action, other than attorney's fees incurred in connection with 21
that action. 22
(3) "Medical claim," "dental claim," "optometric claim," 23
and "chiropractic claim" have the same meanings as in section 24
2305.113 of the Revised Code. 25
(4) "Noneconomic loss" means nonpecuniary harm that 26
results from an injury or loss to person or property that is a 27
subject of a tort action, including, but not limited to, pain 28
and suffering, loss of society, consortium, companionship, care, 29
assistance, attention, protection, advice, guidance, counsel, 30
instruction, training, or education, disfigurement, mental 31
anguish, and any other intangible loss. 32
(5) "Occurrence" means all claims resulting from or 33
arising out of any one person's bodily injury. 34
(6) "Product liability claim" has the same meaning as in 35
section 2307.71 of the Revised Code. 36
(7) "Tort action" means a civil action for damages for 37
injury or loss to person or property. "Tort action" includes a 38
civil action upon a product liability claim or an asbestos 39
claim, a civil action based on an unlawful discriminatory 40
practice relating to employment brought under section 4112.052 41
of the Revised Code, and a civil action brought under section 42
4112.14 of the Revised Code. "Tort action" does not include a 43
civil action upon a medical claim, dental claim, optometric 44
claim, or chiropractic claim or a civil action for damages for a 45
breach of contract or another agreement between persons. 46
(8) "Trier of fact" means the jury or, in a nonjury 47

S. B. No. 131 As Introduced

action, the court. 48 48

(B) In a tort action to recover damages for injury or loss 49
to person or property, all of the following apply: 50
(1)(1)(a) There shall not be any limitation on the amount 51
of compensatory damages that represents the economic loss of the 52
person who is awarded the damages in the tort action. 53
(b) When determining the amount of compensatory damages 54
relating to a damaged vehicle, a court shall award an amount 55
based on the following criteria: 56
(i) The difference between the vehicle's fair market value 57
immediately before and immediately after the damage; 58
(ii) The cost of repair of the vehicle, if the vehicle is 59
repairable, so long as the cost of repair does not exceed the 60
difference in market value of the vehicle before and after the 61
damage; 62
(iii) If the vehicle is repairable within a reasonable 63
amount of time, the loss of use of the vehicle for the 64
reasonable time necessary to make the repairs; 65
(iv) If the vehicle is repairable but the post-repair fair 66
market value is less after repairs than the fair market value 67
before the damage occurred due to accident history or other 68
factors, the difference in the fair market value before the 69
damage and after the repairs; 70
(v) Where a vehicle cannot be repaired, the difference 71
between the fair market value of the vehicle immediately before 72
the damage and the salvage value of the wreckage. 73
(c) In subrogation related to an award of damages for a 74
damaged vehicle determined under this section, an insurer shall 75

S. B. No. 131 As Introduced

only recover for amounts actually distributed to an insured. If 76
an insurer is awarded more than the amount paid out to the 77
insured, then the insurer shall pass on that amount to the 78
insured. 79
(2) Except as otherwise provided in division (B)(3) of 80
this section, the amount of compensatory damages that represents 81
damages for noneconomic loss that is recoverable in a tort 82
action under this section to recover damages for injury or loss 83
to person or property shall not exceed the greater of two 84
hundred fifty thousand dollars or an amount that is equal to 85
three times the economic loss, as determined by the trier of 86
fact, of the plaintiff in that tort action to a maximum of three 87
hundred fifty thousand dollars for each plaintiff in that tort 88
action or a maximum of five hundred thousand dollars for each 89
occurrence that is the basis of that tort action. 90
(3) There shall not be any limitation on the amount of 91
compensatory damages that represents damages for noneconomic 92
loss that is recoverable in a tort action to recover damages for 93
injury or loss to person or property if the noneconomic losses 94
of the plaintiff are for either of the following: 95
(a) Permanent and substantial physical deformity, loss of 96
use of a limb, or loss of a bodily organ system; 97
(b) Permanent physical functional injury that permanently 98
prevents the injured person from being able to independently 99
care for self and perform life-sustaining activities. 100
(C) In determining an award of compensatory damages for 101
noneconomic loss in a tort action, the trier of fact shall not 102
consider any of the following: 103

Evidence of a defendant's alleged wrongdoing, 104

S. B. No. 131 As Introduced

misconduct, or guilt; 105
(2) Evidence of the defendant's wealth or financial 106
resources; 107
(3) All other evidence that is offered for the purpose of 108
punishing the defendant, rather than offered for a compensatory 109
purpose. 110
(D) If a trial is conducted in a tort action to recover 111
damages for injury or loss to person or property and a plaintiff 112
prevails in that action, the court in a nonjury trial shall make 113
findings of fact, and the jury in a jury trial shall return a 114
general verdict accompanied by answers to interrogatories, that 115
shall specify all of the following: 116
(1) The total compensatory damages recoverable by the 117
plaintiff; 118
(2) The portion of the total compensatory damages that 119
represents damages for economic loss; 120
(3) The portion of the total compensatory damages that 121
represents damages for noneconomic loss. 122
(E)(1) After the trier of fact in a tort action to recover 123
damages for injury or loss to person or property complies with 124
division (D) of this section, the court shall enter a judgment 125
in favor of the plaintiff for compensatory damages for economic 126
loss in the amount determined pursuant to division (D)(2) of 127
this section, and, subject to division (F)(1) of this section, 128
the court shall enter a judgment in favor of the plaintiff for 129
compensatory damages for noneconomic loss. Except as provided in 130
division (B)(3) of this section, in no event shall a judgment 131
for compensatory damages for noneconomic loss exceed the maximum 132
recoverable amount that represents damages for noneconomic loss 133

S. B. No. 131 As Introduced

as provided in division (B)(2) of this section. Division (B) of 134
this section shall be applied in a jury trial only after the 135
jury has made its factual findings and determination as to the 136
damages. 137
(2) Prior to the trial in the tort action described in 138
division (D) of this section, any party may seek summary 139
judgment with respect to the nature of the alleged injury or 140
loss to person or property, seeking a determination of the 141
damages as described in division (B)(2) of this section. 142
(F)(1) A court of common pleas has no jurisdiction to 143
enter judgment on an award of compensatory damages for 144
noneconomic loss in excess of the limits set forth in this 145
section. 146
(2) If the trier of fact is a jury, the court shall not 147
instruct the jury with respect to the limit on compensatory 148
damages for noneconomic loss described in division (B)(2) of 149
this section, and neither counsel for any party nor a witness 150
shall inform the jury or potential jurors of that limit. 151
(G) With respect to a tort action to which division (B)(2) 152
of this section applies, any excess amount of compensatory 153
damages for noneconomic loss that is greater than the applicable 154
amount specified in division (B)(2) of this section shall not be 155
reallocated to any other tortfeasor beyond the amount of 156
compensatory damages that the tortfeasor would otherwise be 157
responsible for under the laws of this state. 158
(H) This section does not apply to any of the following: 159
(1) Tort actions that are brought against the state in the 160
court of claims, including, but not limited to, those actions in 161
which a state university or college is a defendant and to which 162

S. B. No. 131 As Introduced

division (B)(3) of section 3345.40 of the Revised Code applies; 163
(2) Tort actions that are brought against political 164
subdivisions of this state and that are commenced under or are 165
subject to Chapter 2744. of the Revised Code. Division (C) of 166
section 2744.05 of the Revised Code applies to recoverable 167
damages in those actions. 168
(3) Wrongful death actions brought pursuant to Chapter 169
2125. of the Revised Code. 170
(I) If the provisions regarding the limits on compensatory 171
damages for noneconomic loss set forth in division (B)(2) of 172
this section have been determined to be unconstitutional, then 173
division (C) of this section and section 2315.19 of the Revised 174
Code shall govern the determination of an award of compensatory 175
damages for noneconomic loss in a tort action. 176
Section 2. That existing section 2315.18 of the Revised 177
Code is hereby repealed. 178