Tyler: Ohio Comparative Fault, Uninsured Motorists, and a Passenger's Injuries
Ohio. Tyler, 24, lives with his parents and is listed as a driver on their personal auto policy: liability 100/300/50, UM/UIM 100/300, medical payments $5,000, and collision with a $500 deductible. Driving the family car, he is struck by an uninsured driver who ran a red light. The police report assigns Tyler 15% of the fault for failing to keep a proper lookout. Tyler's injuries are $60,000. His passenger - a friend who owns his own auto policy - has $40,000 in injuries. The car's actual cash value is $18,000 and the repair estimate is $12,000.
1. How much does Tyler recover for his own injuries, and from what coverage?
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The other driver is uninsured, so the claim runs through UM on the parents' policy. Ohio is a modified comparative fault state and reduces UM recovery by the insured's percentage of fault.
- Damages: $60,000
- Reduced by Tyler's 15% fault: $60,000 x 0.85 = $51,000
- UM per-person limit: $100,000 - no cap issue
- UM payment: $51,000
His 15% is not a bar (Ohio bars recovery only at 51% or more of fault), it is a reduction.
MedPay ($5,000) is payable for medical expenses regardless of fault, but most Ohio PAPs contain a reducing clause that offsets UM by MedPay paid for the same injury. Read the offset language before adding the two together: if the policy offsets, total recovery stays at $51,000; if it does not, it can reach $56,000. Never assume stacking or addition without the clause in hand.
2. Who pays the passenger's $40,000, and in what proportions?
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The friend is an insured under the parents' PAP for UM purposes because the form defines insured to include any person occupying your covered auto. He does not have to rely on his own policy first.
Split the damages by who caused them:
| Source of injury | Share | Coverage | Amount |
|---|---|---|---|
| Uninsured driver (85%) | $34,000 | UM on the parents' PAP | $34,000 |
| Tyler's negligence (15%) | $6,000 | Liability on the parents' PAP (Tyler is a listed insured) | $6,000 |
| Total | $40,000 | $40,000 |
Checks that must be run: the $34,000 is under the $100,000 per-person UM limit; the $6,000 is far inside 100/300; and the friend's own policy matters mainly for his MedPay (which follows him into a non-owned auto) and possibly as excess UM - it generally does not become primary. Whether his MedPay is later offset against the liability and UM payments depends on the other policy's coordination language.
3. How is the vehicle damage handled?
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Compare repair cost to actual cash value before deciding repair versus total loss:
- Repairs: $12,000
- ACV: $18,000
- Repairs are 67% of ACV, i.e., less than the vehicle's value on a pre-loss basis, so the car is repaired, not totaled
- Collision payment: $12,000 - $500 deductible = $11,500
Two follow-ups worth flagging to the insured:
- The $500 deductible may be recovered from the uninsured driver if he is ever identified and pursued; the carrier's subrogation rights transfer to the extent it paid.
- If repairs had exceeded ACV, the loss would settle as a total loss at $18,000 less the $500 deductible = $17,500, with the salvage retained by the insurer.
One practical trap: the estimate is not the bill. Supplemental damage found after teardown is still part of the same collision claim and is paid above the original estimate, less no additional deductible.