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 specifies that when determining the amount of compensatory damages for a damaged vehicle, courts must consider several factors, including 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 establishes that insurers can only recover amounts actually distributed to insured parties in subrogation cases.
Furthermore, the bill maintains existing limitations on compensatory damages for noneconomic loss, which cannot exceed the greater of $250,000 or three times the economic loss, with a maximum of $350,000 per plaintiff or $500,000 per occurrence. However, it allows for exceptions in cases of permanent and substantial physical injuries. The bill also outlines the process for determining and awarding damages, including the requirement for juries to provide detailed findings on the nature of damages awarded. Existing provisions regarding the limits on compensatory damages for noneconomic loss will remain in effect unless deemed unconstitutional.
Statutes affected:
As Introduced: 2315.18