This is the least understood rule in Ohio vehicle claims, and in a truck case it can be the difference between a claim that pays and a claim that goes nowhere.
The rule
Ohio does not require your auto policy to include uninsured or underinsured motorist coverage.
The statute says a policy of insurance “may, but is not required to, include” UM/UIM coverage. It can be rejected, or reduced, in writing. The current version took effect in March 2023.
“Any policy of insurance … may, but is not required to, include uninsured motorist coverage, underinsured motorist coverage, or both …” — R.C. 3937.18(A)
That is a change from the older approach, where coverage was presumed included unless the insured rejected it in writing. If you are relying on an assumption you learned years ago, check the declarations page.
Why it matters more in a truck case
The usual picture in a truck crash is a commercial carrier with $750,000 of liability coverage at the federal minimum. That sounds like a lot until the injuries are catastrophic, and it is not the only scenario:
| Scenario | What pays |
|---|---|
| Carrier has coverage and accepts liability | the carrier’s liability policy |
| Carrier disputes liability | nothing until it is resolved |
| Carrier’s policy is exhausted by other claimants | your UM/UIM, if you have it |
| An uninsured or underinsured driver caused it | your UM/UIM, if you have it |
| A hit-and-run | your UM/UIM, if you have it |
In every row below the first, the coverage that responds is on your own policy — and in Ohio you may not have it.
The shorter clock nobody mentions
Your policy can set its own deadline for a UM/UIM claim. The statute allows a policy to require that a UM/UIM claim or suit be brought within three years of the crash.
That is longer than the two-year tort deadline, which makes it easy to assume it governs. It does not replace it. You can end up with two clocks running at once, and the shorter one still controls the claim against the other driver.
What to do this week
- Find your declarations page — the one-page summary in your policy, not the booklet.
- Look for UM/UIM, and the limits. If it says “rejected” or shows a zero, you have a different case.
- Check whether it stacks across vehicles on the policy. Stacking rules are policy- and state-specific.
- Tell your own insurer in writing. Notice provisions are enforced, and a late notice can be used against you even where coverage exists.