What Is Loss of Consortium under Ohio Law?
Posted in: Legal Blog
KNR Legal Blog
Even when you file a valid claim after a car crash, insurance companies may still delay, deny, or undervalue your payout. Insurers are financially motivated to protect their bottom line—not yours—and they often rely on tactics that wear people down until they accept far less compensation than they deserve.
If you’ve been in an accident, don’t assume the insurance claim process will be simple. Below are the most common insurance surprises drivers run into after a car accident—and what you need to know to protect your claim, your recovery, and your rights.
Read Understanding Your Insurance Coverage After an Accident
After a car wreck, many victims believe their auto insurance will automatically cover their medical bills, vehicle damage, and lost wages. Unfortunately, the opposite is often true. Lowball offers, repeated claim delays, coverage disputes, and excessive documentation requests frequently blindside drivers.
Insurance companies may also question your injuries, require you to undergo examinations with their chosen doctors, or shift blame to reduce the amount they owe. In more serious cases, damages exceed available policy limits, leaving injured people unsure of where to turn next.
Understanding the hidden pitfalls of the auto insurance system is essential if you want to protect your financial recovery.
Insurance delays are one of the most common—and most frustrating—surprises after a car wreck. Even when liability is clear, insurers may use “investigations,” “review periods,” or “pending documentation” as excuses to stall.
These tactics are intentional. When the insurance company drags out your claim, you’re more vulnerable to pressure—especially if you’re facing medical bills or lost income.
But delays can jeopardize your case. Ohio law enforces strict deadlines for filing injury lawsuits. If the insurer runs out the clock, you could lose your right to compensation entirely.
Protect your claim:
A personal injury attorney can force progress, hold insurers accountable, and prevent bad-faith stalling.
Almost every insurance company starts with a lowball offer. Adjusters are trained to protect profits—not people—so they often present a settlement that covers only immediate medical costs or minimal repair expenses.
These offers rarely include fair compensation for:
Adjusters hope you’ll accept quickly before you understand the full value of your case. However, once you sign a release, you cannot request additional compensation later—even if complications arise.
A strong evaluation from a knowledgeable lawyer ensures the settlement reflects the actual impact of the accident.
Learn more about lowball offers
Insurers may request an Independent Medical Examination (IME). Despite the name, these exams are not truly “independent.” IME doctors often work with insurers and may minimize your injuries or question whether the crash caused them.
Before attending an IME, consult an attorney to protect yourself.
Learn more about medical documentation.
Soon after your crash, an adjuster may ask for a recorded statement. They may claim this will speed up the process, but their goal is to secure comments that reduce your compensation.
Even small mistakes can harm your claim:
Do NOT provide a recorded statement to the other driver’s insurer without legal guidance.
More about recorded statements
Insurance companies often search through your entire medical history looking for past injuries they can blame for your current symptoms, even if the conditions are unrelated or long healed.
Insurers may claim:
Ohio law recognizes that accidents can aggravate pre-existing conditions. Proper documentation can strengthen your case.
Learn more about pre-existing injuries and claims.
For higher-value claims, insurers may hire private investigators to monitor your public or online activities. They look for activities they can use to argue that you’re not as injured as claimed.
If surveillance is suspected, notify your attorney immediately and continue following all medical restrictions.
Read about the mistakes that harm claims.
Repairing your vehicle after a crash can lead to unexpected disputes over damage estimates, the quality of repairs, or whether the car should be totaled.
You have the right to choose your repair shop and obtain multiple estimates.
Many claim denials stem from alleged coverage issues. Insurers may argue that you missed a reporting deadline, failed to pay premiums, or were not covered under certain exclusions.
Some denials are valid, but others are based on misinterpretations or bad-faith tactics. An attorney can review your policy and challenge improper denials.
Read Your Ohio Car Accident Claim was Denied: Now What?
In severe accidents, the at-fault driver’s policy limits may not cover all of your losses—especially if you require surgery, long-term medical care, or ongoing therapy.
When this happens, victims may rely on their own underinsured motorist coverage.
Many crashes involve multiple responsible parties. Ohio’s comparative negligence laws allow you to recover compensation even if you’re partially at fault, but insurers often manipulate this rule to reduce payouts.
Complex cases may require accident reconstruction and expert testimony to determine fault and compensation.
Ohio generally gives victims two years from the accident date to file a personal injury lawsuit. Insurance companies know this and may intentionally delay the process in hopes that the filing deadline expires.
If you wait too long, your claim may be permanently barred, no matter how strong it is.
Insurance claims require extensive paperwork, medical records, wage documentation, repair estimates, and more. Many people become overwhelmed and settle early—or give up entirely.
A legal team can organize your file, submit documents, and ensure nothing jeopardizes your claim.
If the insurance company is delaying, denying, or undervaluing your claim, take these steps:
No. Insurers must provide a reason, though the explanation may be vague or incomplete. A lawyer can determine whether the denial involves bad-faith tactics.
Simple claims may resolve in weeks, but injury claims can take months. Unexplained delays are a warning sign of stalling tactics.
No. You have the legal right to choose your own repair shop and seek multiple estimates.
Do not accept this without evidence. Insurers often overstate fault percentages to reduce payouts.
Yes. Once an attorney is involved, insurers typically stop using aggressive tactics and communicate more professionally and consistently.
At Kisling, Nestico & Redick, we know how insurance companies operate—and we don’t let them take advantage of injured people. We fight for full, fair compensation and handle every detail of your claim so you can focus on healing.
If you’ve been in a car accident in Ohio, call 1-800-HURT-NOW or submit a request for a free, no-risk consultation. We’re ready to help you stand up to the insurance company and recover what you deserve.