When someone you love dies because of another person's carelessness, questions about insurance can feel cold and beside the point. They matter because, in most Ohio wrongful death cases, the money a family receives comes from insurance policies rather than the personal savings of the person at fault. Ohio law lets a family seek the full measure of its damages, but what can be collected often depends on how much insurance exists.

The at-fault party's liability insurance

Liability insurance pays others when the policyholder is legally responsible for harm. In a crash, start with the auto policy covering the driver who caused the death.

Ohio's financial responsibility law sets minimum limits for an owner's auto policy: $25,000 for the injury or death of one person in an accident, $50,000 for two or more people, and $25,000 for property damage (R.C. 4509.51; see also R.C. 4509.01(K)). Many drivers carry only these minimums, and some carry nothing.

An owner's policy must also cover permitted drivers (R.C. 4509.51(B)), and the driver may have a separate policy. When driver and owner differ, identify both policies.

Your own uninsured and underinsured motorist coverage

Uninsured motorist (UM) and underinsured motorist (UIM) coverage protect the people insured under an auto policy when the at-fault driver has no insurance or too little. In Ohio these coverages are optional: an insurer may include them but is not required to (R.C. 3937.18(A)). The declarations page, the summary at the front of the policy, shows whether they were purchased and in what amounts.

Uninsured motorist coverage can apply when the at-fault driver has no liability insurance, when that insurer denies coverage or becomes insolvent, or when the driver cannot be identified, as in a hit-and-run. For an unknown driver, the law requires independent evidence that the driver caused the death; the claimant's own testimony is not enough unless other evidence supports it (R.C. 3937.18(B)(1)). UM can also apply when the at-fault driver has immunity under R.C. Chapter 2744, Ohio's law on the liability of local governments and their employees.

Underinsured motorist coverage applies when the at-fault party's available liability limits are less than your UIM limits. UIM does not sit on top of the other driver's insurance. Instead, your UIM limit is reduced by the amounts available from the at-fault party's policies (R.C. 3937.18(C)). For example, if the other driver carries $25,000 per person and your UIM limit is $100,000 per person, UIM may pay up to the $75,000 difference, if the losses are that large. If the other driver's limits equal or exceed yours, there is often no UIM claim.

Two more points. In a UM or UIM claim, your family must prove fault and damages, just as it would against the at-fault driver (R.C. 3937.18(D)). And a driver whose vehicle has liability coverage under the same policy is not "underinsured" under that policy (R.C. 3937.18(C)), so if a family member driving a car on the family's policy caused the crash, that policy's UIM coverage usually cannot add to its liability coverage.

Who counts as an "insured"

The policy defines who is insured, typically the named policyholder, a spouse, relatives living in the household, and anyone riding in a covered vehicle. Ohio law lets a policy exclude UM/UIM coverage when the person who was injured or killed was not an insured under it (R.C. 3937.18(I)(5)). So the key question is usually whether the person who died was an insured. An adult child who lived on their own, for example, may not be covered by a parent's policy but may have a policy of their own.

Exclusions Ohio law permits

Policies may exclude UM/UIM coverage in certain situations (R.C. 3937.18(I)), including when the insured was in a household vehicle that is not listed on the policy (the "other owned vehicle" exclusion), was driving without a reasonable belief that they were allowed to, or was killed by a driver specifically excluded from the policy. Policies may also prohibit "stacking," which means adding together the limits of several vehicles or policies (R.C. 3937.18(F)).

A policy may also require that a UM/UIM claim or lawsuit be brought within three years after the accident, or within one year after the at-fault driver's insurer becomes insolvent if that is later (R.C. 3937.18(H)). That is a separate clock from the two-year deadline for the wrongful death lawsuit under R.C. 2125.02(F)(1); see our chapter on deadlines.

How "per person" limits work after a death

Most auto policies list an "each person" limit and a larger "each accident" limit. After a death, several family members may each have their own losses (see who can bring a claim), and families ask whether each gets a separate limit.

In Savoie v. Grange Mut. Ins. Co., 67 Ohio St.3d 500 (1993), the Supreme Court of Ohio held that policy terms combining family members' wrongful death claims under one per-person limit were unenforceable. The next year, the General Assembly changed the law. R.C. 3937.44 (liability policies) and what is now R.C. 3937.18(G) (UM/UIM coverage) allow a policy to treat all claims arising from one person's death as a single claim subject to the per-person limit.

The Supreme Court has since enforced such language. In Clark v. Scarpelli, 91 Ohio St.3d 271, 2001-Ohio-39, it upheld a policy limiting all wrongful death claims to one "each person" limit, while stressing that "[t]his consolidation must affirmatively appear in the policy." Saunders v. Mortensen, 101 Ohio St.3d 86, 2004-Ohio-24, enforced similar clear language.

In practice, most families today share one per-person limit under each policy. Because the answer turns on each policy's exact words, a lawyer should read the complete policy, not just the declarations page.

Umbrella, employer and commercial policies

An umbrella or excess policy pays after the underlying auto or homeowner's liability coverage is used up. The at-fault driver, vehicle owner or employer may have one, and so may your household; some include UM/UIM coverage and some do not.

If the at-fault driver was working at the time, the employer can generally be held responsible for an employee's careless driving on the job, and its commercial policy, often with much higher limits, may apply. For large trucks, federal rules require interstate for-hire carriers of ordinary freight, in vehicles rated at 10,001 pounds or more, to carry at least $750,000 in public liability coverage, with higher minimums for certain hazardous materials (49 C.F.R. 387.9). See our truck crash page.

If your loved one was killed while working, Ohio's workers' compensation law generally protects a complying employer from a lawsuit over the death (R.C. 4123.74). Claims against others, such as another driver, and UM/UIM claims may still be available.

Practical steps for your family

  • Find every policy. Your loved one's own auto policy, the policies of every household they lived in, the policy on the vehicle they were in, the at-fault driver's and owner's policies, and any employer, commercial or umbrella policies.
  • Notify insurers promptly. Policies typically require prompt notice, and delay can put coverage at risk. Notify your own insurer even if a UM/UIM claim seems unlikely.
  • Consider a policy-limits demand. When losses clearly exceed the coverage, a lawyer may send the at-fault insurer a written offer to settle for its full limits, with supporting documents and a reasonable deadline.
  • Protect the UIM claim before settling. A UIM insurer that pays is entitled to recover from the at-fault party to the extent of its payment (R.C. 3937.18(J)). Policies typically require that you notify the UIM insurer and get its consent before accepting the other driver's limits and signing a release. Skipping that step can jeopardize the UIM claim.
  • Plan for court approval. The personal representative may settle a wrongful death claim with the consent of the probate court that made the appointment (R.C. 2125.02(E)). See approving a settlement and how cases are resolved.

When coverage is thin

Sometimes the only insurance is a minimum policy, and that can feel like a second injustice. Even then, there may be other paths: your family's UM/UIM coverage, a vehicle owner or employer who shares responsibility, or another company whose conduct contributed. A careful investigation looks for all of them before any release is signed.

Common questions

Does each family member get a separate policy limit?

Usually not. Ohio law allows policies to place all claims from one person's death under a single "each person" limit, and courts enforce that language when it is clear. The exact wording of each policy controls.

What if the driver who caused the crash was never found?

UM coverage may apply, but Ohio law requires independent evidence, beyond the claimant's own testimony, that the unknown driver caused the death.

Is the deadline for a UM/UIM claim the same as for the lawsuit?

Not necessarily. A policy may require a UM/UIM claim within three years of the accident, while the wrongful death lawsuit generally must be filed within two years after the death.

This article is general information about Ohio law, not legal advice about your situation. Reading it does not create an attorney-client relationship. Deadlines and rules change; talk to a lawyer about your family's situation.