How to Sue After a Car Crash: 5 Critical Steps in an Ohio Car Accident Lawsuit
Posted in: Car Accidents
KNR Legal Blog
Even when you have a valid claim and think you’re covered, insurers may delay, deny, or reduce your compensation using tactics to wear you down and minimize payouts.
If you’ve been in a crash, don’t assume the insurance claim process will be straightforward. Here are the most common surprises drivers face when dealing with car accident insurance claims—and what you need to know to protect yourself.
After a car wreck, many people assume their auto insurance will cover all their losses—until the surprises start rolling in. From lowball settlement offers and delayed claim approvals to being asked to see the insurer’s doctor or provide a recorded statement, insurance companies often use tactics designed to reduce payouts.
They might challenge your coverage based on technicalities, blame old injuries, or even conduct surveillance to dispute your claim. In serious crashes, the at-fault driver’s policy might not cover all your damages, and complex cases involving multiple liable parties can create even more confusion. You may also face unexpected out-of-pocket costs, repair disputes, or document fatigue that leads to frustration and lower compensation.
Understanding these auto insurance pitfalls is essential for protecting your claim. Whether it’s coverage gaps, medical record disputes, or denied injury claims, these hidden challenges can derail your recovery—especially when insurers hope you’ll settle for less.
Even when liability is clear, insurance companies often use delay tactics to wear you down. They may claim they need more time to investigate or process paperwork, but these stall strategies are designed to push claimants toward accepting lower settlements or giving up entirely. While some delays are legitimate, persistent pushback or lack of updates can signal bad faith.
Time is critical after an accident. Ohio law enforces deadlines for filing claims and lawsuits, so if your insurer is slow to respond, it’s important to act. Keep written records of all communications and don’t hesitate to involve a personal injury lawyer who can apply pressure and move your claim forward efficiently.
One of the most common post-accident surprises is receiving a settlement offer that barely covers your basic expenses. Insurance adjusters are trained to minimize payouts by offering low initial amounts, hoping claimants won’t realize the full value of their losses. These offers may not reflect the true costs of medical treatment, lost income, pain and suffering, or long-term care.
If you accept the first offer, you may be waiving your right to seek additional compensation later—even if unexpected complications arise. It’s crucial to assess the full scope of your damages before agreeing to any settlement. A knowledgeable attorney can help you determine the fair value of your claim and negotiate a more appropriate outcome.
Insurance companies sometimes require claimants to undergo an Independent Medical Examination (IME) with a physician of their choosing. While this may seem routine, the doctor conducting the IME is often aligned with the insurance company’s interests and may downplay or dispute your injuries. Their goal is to limit your compensation by minimizing the extent or cause of your condition.
You have the right to consult your own doctors and obtain medical documentation that accurately reflects your injuries. Don’t rely solely on evaluations arranged by the insurer. A personal injury lawyer can advise you on whether to attend an IME and how to protect your rights if one is required.
Soon after the accident, you may receive a call from an insurance adjuster asking for a recorded statement. While they may sound friendly or helpful, their real objective is to get you to say something that could be used against you later. Even small inconsistencies in your story may be used to cast doubt on your claim.
You are not legally required to provide a recorded statement to the other driver’s insurance company, and doing so without legal guidance is risky. If you’re unsure how to proceed, an attorney can help you understand your rights and communicate on your behalf to avoid weakening your case.
Insurance companies frequently comb through your prior medical records, looking for evidence to suggest that your injuries weren’t caused by the accident. If you had a pre-existing condition or previous injury—even one from years ago—they might argue that your current pain or limitations aren’t related to the crash.
While insurers are allowed to investigate claims, they are not allowed to twist facts or unfairly deny benefits. Proper medical documentation from trusted healthcare providers can help establish a clear link between the accident and your injuries. Your attorney can also help limit the scope of these record requests and ensure your privacy is respected.
If your claim involves substantial injuries or compensation, it’s possible the insurance company will conduct surveillance. They may hire private investigators to photograph or film you in public, looking for evidence that contradicts your reported injuries. This can include anything from carrying groceries to attending a social event.
While this may feel intrusive, surveillance is legal in most cases. The best way to protect yourself is by being consistent in your claims and following your doctor’s orders. If you’re being watched or suspect surveillance, inform your legal team so they can properly document it, help avoid mistakes, and ensure your claim is not undermined by out-of-context footage.
Car repairs after an accident may be more contentious than expected. Insurance companies may direct you to specific repair shops that prioritize cost over quality or recommend quick fixes instead of thorough repairs. They may also dispute the true value of your vehicle or overlook diminished value after a crash.
You are entitled to seek estimates from your preferred shop and challenge undervalued repair assessments. If your vehicle is a total loss, it’s important to understand how actual cash value is calculated. A lawyer can help ensure you’re not pressured into accepting repairs or settlements that don’t fully restore your losses.
One of the most frustrating surprises occurs when your claim is denied entirely due to a coverage dispute. Insurance companies may claim you didn’t report the accident in time, that your premiums lapsed, or that a policy exclusion applies. They may also challenge whether the person involved was covered at the time of the crash.
These situations require a detailed review of your policy terms and a prompt response. Sometimes, these denials are based on technicalities or bad faith interpretations of the policy. An attorney can help appeal a denial, provide supporting documentation, and take legal action if necessary.
Even if the other driver has insurance, their policy may not cover all your damages. Ohio’s minimum liability limits may fall short if you suffer serious injuries, require surgery, or face long-term rehabilitation. Once the policy limits are exhausted, the insurer is not responsible for covering the remaining costs.
In these cases, you may need to turn to your own underinsured motorist coverage to bridge the gap. This makes it essential to review your own auto policy after an accident and understand what protections are available. Legal counsel can help identify all potential sources of compensation.
Not all car accidents are cut and dry. In many crashes—especially multi-vehicle pileups or those involving commercial vehicles—liability can be spread among multiple parties. Ohio follows a comparative negligence rule, which means you can still recover compensation if you’re partially at fault, but your award will be reduced by your percentage of responsibility.
Insurance companies may use this to their advantage, attempting to shift blame onto you or others to limit their financial responsibility. In some cases, they may argue over how much each party owes, delaying your settlement. Sorting out fault in complex crashes often requires a detailed investigation, accident reconstruction, and the support of a personal injury lawyer who knows how to hold every liable party accountable.
Insurance adjusters are well aware of Ohio’s statute of limitations for personal injury claims—typically two years from the date of the accident. While that might seem like plenty of time, insurers sometimes drag their feet deliberately, hoping you’ll miss the deadline and forfeit your right to sue.
If you wait too long to act, even the strongest claim can be rendered worthless. It’s essential to consult a car accident attorney as soon as possible, especially if you sense unnecessary delays or suspect the insurance company is stalling. Early legal action can preserve evidence, keep your case on track, and ensure you stay within the required time limits.
Insurance claims require documentation—often more than expected. From medical bills and wage loss forms to repair estimates and accident reports, the process can feel like a second job. As the paperwork piles up, it’s easy to lose track of details, misplace forms, or become overwhelmed. Some people even give up entirely or accept a low settlement just to be done with it.
This is exactly what insurance companies count on. Staying organized is crucial, and working with a legal team can relieve much of the administrative burden. An experienced attorney can gather evidence, prepare documentation, and make sure your claim remains thorough, timely, and aligned with the true value of your losses.
Insurance companies are not on your side after a car accident. Their goal is to pay as little as possible—and they have the time, money, and legal teams to make that happen. But you don’t have to deal with the system alone. If your claim is being delayed, denied, or devalued, here’s what you should do:
At Kisling, Nestico & Redick, we hold insurance companies accountable and fight for the compensation our clients deserve. We know their tactics, we know the law, and we know how to win.
If you’ve been in a car accident in Ohio, call l 1-800-HURT-NOW or submit a request for a free, no-risk consultation. Let us handle the insurance company while you focus on recovery.