Auto Claim Insurance: When To Call

If you've been in a car accident, it's important to contact your insurance company as soon as possible. This is true even if the accident wasn't your fault. Your insurance policy will outline the specific reporting requirements, and it's important to meet these to ensure your claim is handled smoothly. You may need to report the accident to the local police department and the Department of Motor Vehicles, especially if the damage exceeds $1000 or if anyone is injured. When contacting your insurance company, be prepared to provide clear and accurate information about the accident, including contact and insurance details of all parties involved, as well as photos or videos of the scene and any injuries.

What to do at the scene of an accident

Being prepared and knowing what to do if you are involved in a car accident can save lives, reduce injuries and make the claims process simpler and easier. Here is a list of things to do at the scene of an accident:

Before an accident

• Keep critical, relevant documents in your car, such as registration, proof of auto insurance, and your leasing agent's name.
• Keep important medical information (allergies, doctors' names) for you and your family members in your car.
• Ensure your car is emergency-ready. Flares, orange cones, and emergency signage can help keep your loved ones and your vehicle safe after an accident.
• Keep a notepad and pen in your car in case your phone or other technology fails.
• Have the right amount of auto coverage for your needs. While an insurance policy is not a substitute for health and safety, knowing you'll be covered in the case of an accident can reduce the stress.

During an accident

• Pull your vehicle to the side of the road, if possible.
• If the accident was triggered by road rage, take extra caution when engaging with the other driver.
• If you are bumped from behind and think you might be the intended victim of a carjacking, pull off in a safe place.
• Assess possible injuries. Tend to people first—make sure everyone is okay. Call 911 if anyone is injured.
• Assess the damage to the car. If possible, take pictures.
• Don't leave the scene of the accident. If you hit a parked car, try to find the owner. If you can't, leave a note with your name, address, and phone number.
• Record the details of the accident, including the make and model of the car and the address where the accident occurred.
• Alert the police or highway patrol. If you are involved in a serious accident, let law enforcement know, especially if anyone is hurt.
• File an accident report, even if the police can't come to the scene. Having an official report can help in case the other driver decides to sue for damages or medical injuries, or there is more damage done to your car than initially thought.
• Get the names and badge numbers of the officers on the scene and ask where you can get a copy of their accident report.

After an accident

• Notify your insurance professional about the accident as soon as possible—the longer you wait, the harder it will be to remember the details.
• Collect as much information as possible. Get the names and contact information for everyone involved in the crash, including witnesses.
• Ask the other driver or drivers (if you are involved in a multi-car accident) for their license, car registration, and insurance ID card, and get the makes and models of the cars involved.
• Note the location of the accident, time of day, and the weather conditions.
• Get the claims process started by notifying your insurance company about the accident.

What information to provide to your insurer

When making an auto insurance claim, it's important to provide your insurer with accurate information. Here's a detailed list of the information you should provide:

Details of the Accident

• Location, date, and time of the accident, including weather conditions.
• Description of the accident, including any relevant details such as road conditions, nearby intersections, and road signs.
• Photos of the accident from all sides and angles, including damage to all vehicles involved and their license plates.
• Police report and any relevant documentation, such as police and/or accident reports.
• Witness information, including names and phone numbers.

Information About the Other Driver(s)

• Name, address, and phone number of the other driver(s).
• A photo of their driver's license, if possible.
• Insurance policy numbers and insurance company name.
• Year, make, model, and license plate numbers of their vehicle(s).

Your Information

• Your insurance policy number and other relevant policy details.
• Your contact information, including name, address, and phone number.

Vehicle Damage and Repair Information

• Photos of the damaged vehicle(s).
• Repair estimates or cost of repairs if already completed.
• If your car is totaled, you may need to provide information on the value of the vehicle before the accident.

Medical Information (if applicable)

• Medical records and bills related to any injuries sustained in the accident.
• Physician reports and other documentation related to treatment for accident-related injuries.

Remember, it's essential to provide accurate and complete information to your insurer. Failing to do so may result in your claim being denied.

How to handle the other driver's insurance company

Handling the other driver's insurance company after a car accident can be a tricky process. Here are some guidelines on how to navigate this situation effectively:

Knowing Your Obligations:

You are typically not legally obligated to speak with the other driver's insurance company. However, it's crucial to understand your state's traffic laws and the terms of your insurance policy, as you may be required to exchange information at the scene of the accident. Keep communication at the scene minimal and be cautious about what you say.

Information Exchange:

If you choose to speak with the other driver's insurance company, provide only basic factual information, such as your full name and the date and location of the accident. Avoid discussing details of the accident, your injuries, or any other aspects of the case until you've consulted with your lawyer. Exchange information with the other driver, including taking a picture of their insurance card and driver's license.

Working with Adjusters:

An insurance adjuster will likely contact you soon after the accident. Remember that the adjuster represents the insurance company's interests and may try to pin the fault on you or offer a quick settlement. You are not required to speak with them, but if you do, be cautious about what you say. Avoid elaborating and providing unnecessary details. Only answer the specific questions asked, and don't speculate or guess.

Seeking Legal Advice:

Consider seeking legal advice from a car accident lawyer, especially if there are severe injuries, significant medical expenses, or disputes over fault. A lawyer can handle communications with the other driver's insurance company, protect your rights, and negotiate fair compensation on your behalf.

Documenting the Accident:

Gather as much information as possible at the accident scene, including taking pictures of the vehicles involved, license plates, and damages, as well as street signs and road conditions. Obtain contact information from any witnesses. Write down the details of the accident, including the location, time, weather conditions, and what happened. This information will be crucial for your insurance claim.

Working with Your Insurance Company:

Notify your insurance company about the accident as soon as possible. Review your policy to understand your coverages and deductibles. Work closely with the insurance adjuster assigned to your claim and provide them with the necessary information. Remember that your insurance company is there to support you throughout the claims process.

Remember, it's important to stay calm and collected when dealing with insurance companies. Be polite and provide clear and concise information. Always prioritize your well-being and seek legal assistance if needed to protect your rights and best interests.

What to do if your insurance company denies your claim

If your insurance company denies your auto claim, there are several steps you can take to appeal the decision. Firstly, understand the reason for the rejection by carefully reading the denial letter. This letter will outline the factors that led to the denial and provide supporting evidence for the decision. Common reasons for claim denial include lapsed insurance policies, lack of necessary coverage, exceeding policy limits, breaking the law, and avoidable accidents.

Once you understand the reason for the denial, you can gather evidence to support your claim. This may include police reports, eyewitness information, photographs, medical reports, and repair estimates. After collecting this evidence, you can draft an appeal letter to the insurance company, explaining why you disagree with their decision and providing detailed information to support your claim.

If you are uncomfortable handling the appeal process yourself, consider hiring an attorney. An attorney can review your case and supporting documents to draft a demand letter to the insurance company. While this may incur upfront costs, it could be worthwhile to have the claim denial overturned.

In the case of a third-party claim denial, you may have the option to file a first-party claim with your own insurance company, depending on your coverage. Alternatively, you may need to consider hiring a lawyer and filing a lawsuit if the other party's insurance company is not dealing with you fairly.

If you believe the denial was made in bad faith, you may be able to file a bad faith lawsuit. This occurs when an insurance company unreasonably refuses to provide a benefit that is legitimately due under the policy. However, proving bad faith can be challenging, and you may need to demonstrate egregious misconduct or fraud on the part of the insurance company.

How to get legal help

If you've been in a car accident, you'll likely need to contact your insurance company to report it and file a claim. This can be done over the phone, online, through a mobile app, or with an agent. Your insurer will request details about the accident, such as the location, date, and time, as well as information about the other driver(s) involved. You may also need to provide photos of the damage and copies of any relevant reports, such as police reports.

While your insurance company should handle your claim properly and fairly, there may be times when you need to seek legal help. Here are some steps and options to consider when seeking legal assistance:

• Understand your insurance policy: Before taking any legal action, it's important to thoroughly review your insurance policy. Understand your coverage, deductibles, and any special rules or exclusions that may apply. This will help you know what to expect from your insurer and identify any potential issues.
• Gather information and evidence: Collect and organize all relevant information and evidence related to the accident. This includes the other driver's information, photos of the accident scene and vehicle damage, witness statements, medical records (if applicable), and any communication or documentation from your insurance company. Having a strong evidentiary record will be crucial if you need to take legal action.
• Consider the severity of the case: Evaluate the complexity and severity of your case. If it involves significant financial amounts, difficulty in establishing fault, or a substantial difference between your desired settlement and the insurance company's offer, it may be beneficial to consult a lawyer. They can provide expertise and help you navigate the legal process.
• Seek legal advice: Consult a lawyer or legal aid service to get professional advice on your specific situation. Many lawyers offer free initial consultations, so you can understand your options and the potential costs and benefits of legal action. They can also advise you on the best course of action, which may include negotiating with the insurance company, filing a complaint, or pursuing legal remedies.
• Choose the right lawyer: If you decide to hire a lawyer, select one who specializes in insurance claims or personal injury cases. You can start by asking friends, family, or colleagues for referrals or checking with your state bar association for a list of specialists. Research the lawyer's credentials, experience, and client reviews to ensure they are a good fit for your case.
• Understand the legal process: Educate yourself about the legal process involved in insurance claims. This includes understanding the role of adjusters, the potential for arbitration or mediation, and the option to file a legal claim against your insurance company in court if necessary. Knowing the steps involved will help you make informed decisions.
• Explore alternative dispute resolution: Before rushing to court, consider alternative dispute resolution methods such as mediation or arbitration. These processes can help you resolve the dispute outside of court, potentially saving time and money. Community dispute resolution centers and legal clinics can provide guidance on these options.
• Know your rights and options: Familiarize yourself with your rights as an insurance policyholder and a consumer. Understand the laws and regulations governing insurance companies in your state, including any timeframes they must adhere to when processing claims. Knowing your rights will empower you to take the appropriate action if your insurance company fails to handle your claim fairly or promptly.

Frequently asked questions