Auto insurance - loss of consortium

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Posted: Wed May 05, 2010 11:33 am Post subject: Auto insurance - loss of consortium

Our son-in-law has suffered extensive damages following a car accident. A friend has advised our daughter to file a 'loss of consortium claim' in the event her marriage suffers. We're a bit confused as to what this 'loss of consortium' should actually mean to us. _________________ Register Now to have your Insurance queries solved.

Belly-on-the-rock

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Posted: Wed May 05, 2010 1:46 pm Post subject:

It's your daughters loss of companionship from her husband due to his injuries.

tcope

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Posted: Wed May 05, 2010 6:46 pm Post subject:

Found a site that gives a good example: Loss of consortium means an inability to have normal sexual relations with your spouse as a result of injury. Beyond just sexual intercourse, a loss of consortium claim may also include the loss of care, affection and companionship between the members of a married couple, either with or without a decrease in sexual intimacy. It may also include the hardship you are enduring because he can no longer help care for the kids and the house. Here's a reference to the site I found this: http://injury-law.freeadvice.com/injury-law/pain_suffering_loss_consor tium.htm

mbyork

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Posted: Sat May 08, 2010 11:46 am Post subject:

Is it difficult to file a claim for such a loss? What are the challenges in this regard? _________________ Register Now to have your Insurance queries solved.

Belly-on-the-rock

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Posted: Sat May 08, 2010 2:55 pm Post subject:

In my experience it's "difficult" in that when it's usually claimed, there is no loss. I had one person (female) who's claim was from a loss 8 month prior and when I went to take her in person statement she was 6 months pregnant. But for a serious injury I'd say it's not difficult to account for. Keep in mind that these are usually claims from the spouse... separate from the injured person's claim.

tcope

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Posted: Sun May 09, 2010 2:36 pm Post subject:

Loss of consortium is more easily said than comensated. If your son has a permanent disability that prevents him from performing some or all of his responsibilities to his wife and children, those persons will have a better change of pursuing their claims for damages. If his disability is short-lived, there is probably little to be compensated for, but any actual damages that can be proved, such as having to hire a gardener, a child caregiver, housekeeper, etc. to replace his normal attendance to those matters, can be compensated. Just because the wife wants a break from some of those duties is insufficient. _________________ CA-licensed P&C Broker-Agent and Life Agent. CA Insurance Lic #0596197. Now investigating insurance company abuses, and providing litigation support and expert witness services. Send me your questions, and I'll send you my answers.