PLOhiohard
An Ohio insured carries 100/300/100 BI and matching 100/300 UM/UIM. She suffers $180,000 in covered bodily-injury damages from an at-fault driver who carries 25/50/25 BI. The insured recovers the at-fault driver's $25,000 per-person BI limit. Under R.C. 3937.18 post-2001 offset rules, what is the maximum UIM payable from her own carrier?
A$100,000 — the full UIM limit applies without reduction for the at-fault driver's liability payment
B$155,000 — UIM pays the gap between BI recovery and total damages
C$0 — because she recovered the at-fault driver's BI limits
$75,000 — the $100,000 UIM limit is reduced by the $25,000 BI recovery
Why this is the answer
Under R.C. 3937.18(A)(2), Ohio UIM is reduced (offset) by amounts recovered from the at-fault driver's BI policy. The insured's $100,000 UIM per-person limit is reduced by the $25,000 BI recovery, leaving $75,000 of UIM available. The remaining $80,000 of uncompensated damages ($180,000 total minus $25,000 BI minus $75,000 UIM) is not insured and falls on the at-fault driver personally — typically uncollectible.
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