The bill amends section 2315.18 of the Revised Code to clarify the criteria for compensatory damages related to damaged vehicles in tort actions. It introduces specific guidelines for courts to follow when determining the amount of compensatory damages for vehicle damage, which include assessing the difference in fair market value before and after the damage, the cost of repairs if the vehicle is repairable, loss of use during repairs, and salvage value if the vehicle is not repairable. Additionally, it stipulates that insurers can only recover amounts actually distributed to insured individuals in subrogation cases.

Furthermore, the bill maintains existing limitations on compensatory damages for noneconomic loss, allowing recovery up to either $250,000 or three times the economic loss, with a maximum of $350,000 per plaintiff or $500,000 per occurrence. However, it removes any limitations on noneconomic damages in cases involving permanent and substantial physical injuries. The bill also specifies that courts must make detailed findings regarding the total compensatory damages awarded, including the breakdown between economic and noneconomic losses. Existing provisions regarding the limits on compensatory damages for noneconomic loss will remain in effect unless deemed unconstitutional.

Statutes affected:
As Introduced: 2315.18