Claiming Auto Accident Injury Insurance: Your Guide To Success

If you've been in a car accident, it's important to know how to claim auto accident personal injury insurance. The first step is to check on the safety and well-being of your passengers and the other individuals involved, and call the paramedics if anyone appears to be injured. Even if the accident seems minor, it's important to call the police and ask for an officer to be sent to the scene. This is because having a police report is extremely important in determining which driver is legally at fault. You should also obtain the name, address, driver's license number, vehicle licenses, and insurance information from all other drivers involved, as well as the names and contact information of any witnesses. It is also a good idea to take photographs of the accident scene, including the vehicles involved, the location of traffic signals, and any obvious skid marks, debris, or other evidence. You may also want to take notes on the weather and road conditions at the time of the accident. Finally, avoid making any statements to the other drivers that could later be used against you.

Once you've taken care of the immediate aftermath of the accident, it's important to seek timely medical treatment for any injuries and inform the treating physician that you have been in a motor vehicle accident. It is also important to follow through on all prescribed treatments. If your symptoms do not resolve, do not hesitate to obtain a second opinion. Keeping a journal that details any pain or symptoms, any treatment, and any medication taken may also be helpful to your case.

The next step is to contact your automobile insurance company to report that an accident has occurred. They will assign a claim number and a claims adjuster to handle all aspects of your claim. The insurer will ask you to provide as much information about the accident as you can and may ask to take a recorded statement of your version of events. If the claim involves property damage to the motor vehicle, the insurance company may send out an individual to evaluate the extent of the damage and to determine whether the car is repairable. Depending on your insurance policy, you may be able to have a rental car provided to you. Even if you were not at fault, your own insurance company will often provide the rental car and seek reimbursement from the at-fault party later.

You will also need to report the accident to the other driver's insurance company. However, it is important to exercise caution when speaking with the other driver's insurer, as they are representing the interests of the at-fault party and may not have your best interests in mind. It is generally advisable to avoid providing a recorded statement and to refuse to sign authorizations allowing them to access your employment and medical information. Instead, inform the insurance company that you will provide all relevant medical information when you have completed treatment for any injuries. If your car is disabled and you have not obtained a rental car, request that the other driver's insurance company provide one for you.

Dealing with insurance companies can be difficult, especially after a car accident. You may want to consider hiring a car accident attorney to help you with the process. An experienced personal injury attorney can ease the burden by engaging in fact-finding, gathering the necessary documentation, and crafting concise and thorough demands for settlement of your claim.

First-party vs third-party claims

When it comes to auto accident personal injury insurance claims, there are two main types: first-party claims and third-party claims. Understanding the differences between these two types of claims is crucial if you want to receive fair compensation for your injuries and damages.

First-Party Claims

A first-party insurance claim is filed directly with your own insurance company and covers incidents affecting you or your property. This type of claim is made by policyholders who have purchased insurance and is used to request compensation for covered losses or damages incurred in accidents. For example, if you damage your car by backing into a pole, you would file a first-party insurance claim with your insurance company. They will then review your policy to determine if you have the necessary coverage for them to compensate you for that type of loss.

First-party claims can also include uninsured motorist coverage, underinsured motorist coverage, medical bills under a Med Pay policy, collision and comprehensive coverage, and rental coverage if you need a rental car while your vehicle is being repaired.

Third-Party Claims

On the other hand, a third-party insurance claim is filed with someone else's insurance provider, typically the person who is at fault for the accident. This type of claim occurs when you are seeking compensation from another party's insurance policy to cover your damages or injuries. For instance, if another driver runs a red light and collides with your vehicle, you would file a third-party claim with their insurance company.

Third-party claims are often beneficial because you may be able to claim damages that your own insurance policy does not cover, such as payment for medical expenses, pain and suffering, mental anguish, and lost wages. Additionally, in some states, you are required to make injury claims on your own insurance first, and then you can file a third-party claim with the at-fault driver's insurance.

Choosing the Right Claim

The type of claim you file will depend on who was at fault for the accident, the type of accident, and the extent of available insurance coverage. If you caused an accident while driving, you would typically file a first-party claim with your auto insurance provider. However, if you were hit by a car as a pedestrian or were a passenger in someone else's car, you would file a third-party claim with the driver's auto insurance provider. It is generally recommended to notify your own insurance company as well, regardless of who was at fault.

Consulting with an experienced personal injury attorney can help you navigate the complex claims process and ensure that you take the right steps to successfully file your claim and receive fair compensation.

The insurance claims process

Whether you were injured in an automobile, a home, a building, or a business, you typically want to report the incident to the insurance company as soon as possible. If you were involved in a car accident, it is wise to report the incident to your insurance provider, even if you weren't at fault. Regardless of the location of the accident, you'll probably be required to provide information about the circumstances of the accident and the extent of your injuries.

The insurance company will then open an investigation of your claim. You may be asked to provide photos of the accident scene, the names of any witnesses, or a more detailed account of the incident. Before sharing some of this information, you should consider consulting an attorney to ensure your rights are protected. If the injury was caused by a building's condition, the claims adjuster may make an inspection of the property.

After calculating the value of your claim, the insurance company will then issue a settlement check. If your claim is denied, or if you believe the amount of the settlement is inadequate, you may be able to negotiate with the insurance company. If negotiation isn't an option, you can appeal the company's decision. An appeal may require you to submit to additional examinations or to provide further information and evidence about the accident.

There are a number of reasons why your claim may be denied. For example, you may have waited too long after an accident to file your claim or failed to submit to an independent medical examination. Alternatively, the type of car accident you were involved in may not be covered under your insurance plan.

Whatever the case may be, you'll receive notification from the insurance company if your claim is denied. It is then up to you to appeal the company's decision. Appeal procedures can differ from company to company, so you should take a look at the policy in question to learn about the appropriate next steps.

You may also be able to file an insurance company complaint with your state's insurance agency or department, or file a lawsuit against both the insurance company and the party they've insured. If you have questions about the appeals process, or if your appeal is denied, it's probably in your best interests to consult with an insurance attorney.

Dealing with insurers

As soon as possible, contact your automobile insurance company to report that an accident has occurred. Your insurance company will assign a claim number and a claims adjuster to handle all aspects of your claim. The insurer will ask you to provide as much information about the accident as you can, and they may ask to take a recorded statement of your version of events.

If the claim involves property damage to the motor vehicle, the insurance company may send out an individual to evaluate the extent of the damage and to determine whether the car is repairable. Depending on your insurance policy, you may be able to have a rental car provided to you. Even if you were not at fault, your own insurance company will often provide the rental car to you and seek reimbursement from the at-fault party at a later time.

You will also want to report the accident to the other driver's insurance company. Exercise caution when speaking with the other driver's insurer. Remember, that company is representing the interests of the at-fault party and may not be putting your best interest first. It is generally advisable to avoid providing a recorded statement. The insurance company may ask you to sign authorizations allowing it to access your employment and medical information—it is your right to refuse to do so. Inform the insurance company that you will provide all relevant medical information when you have completed treatment for any injuries. If your car is disabled and you have not obtained a rental car from your own insurance company, request that a rental car be provided to you.

If the other driver was at fault, their insurance should pay for your car repair, medical bills, and a rental car. If the other insurance company won't pay the full amount or refuses to pay, file a claim with your company. Your insurance company will try to recover the money, including your deductible, from the other driver's insurance and give your deductible back.

Getting your car repaired

Reporting the Accident

First, report the accident to your insurance company as soon as possible. Contact your agent or insurance company and provide them with detailed information about the incident. They may ask you for a written or recorded statement and will likely initiate an investigation into the claim. As part of this process, they may request additional information, such as photos of the accident scene, names of witnesses, or a more detailed account of the incident.

Vehicle Inspection

The insurance company will then inspect your vehicle to assess the damage. If your car is drivable, they may ask you to bring it to a drive-through inspection station. If the car is not in a drivable condition, they will send an inspector to wherever the car is located.

Repair Estimate

After inspecting the vehicle, the insurance company will provide you with an estimate of the repair costs. You can choose to take your car to any repair shop you prefer, and they will work directly with the insurance company. If the repair costs exceed the initial estimate, the repair shop will provide the insurance company with a new estimate.

Repair Approval

If the insurance company agrees with the new estimate from the repair shop, they will approve the additional repairs, and your car will be fixed accordingly.

Rental Car Coverage

If you have purchased rental vehicle coverage as part of your insurance policy, your insurance company may provide you with a rental car while your vehicle is being repaired. Be sure to review your policy to understand the specific coverage and limitations.

Collision Coverage

If the accident was caused by a collision with another vehicle, your insurance policy's collision coverage will come into effect. This coverage reimburses you for the vehicle damage, regardless of who was at fault. However, if you were at fault, making a claim against your collision coverage may result in an increase in your insurance premium.

Comprehensive Coverage

Comprehensive coverage applies to damage caused by incidents other than collisions, such as weather, fires, vandalism, or falling tree branches. It also covers theft and, in some cases, accidents involving animals.

At-Fault Driver

If the other driver was at fault for the accident, you can file a claim with their insurance company, known as a third-party claim. Their insurance should cover the cost of your car repairs, medical bills, and a rental car if needed.

In summary, getting your car repaired after an accident involves reporting the incident to your insurance company, undergoing a vehicle inspection, obtaining repair estimates, and working with your chosen repair shop to get your vehicle fixed. Remember to review your insurance policy thoroughly to understand the specific coverages and limitations that apply to your situation.

The other driver was at fault

If you've been in a car accident and the other driver was at fault, here are the steps you should take to claim auto accident personal injury insurance:

At the accident scene:

• Prioritise your safety and that of others. Call 911 if there are injuries.
• Call the police. They will help establish who is at fault and create an official report.
• Exchange information with the other driver, including names, addresses, telephone numbers, driver's license numbers, license plate numbers, and vehicle identification numbers.
• Take photographs of the damage, the accident scene, and obtain the names and contact information of any witnesses.
• Notify your insurance agent or company as soon as possible, even if you were not at fault.

After the accident:

• File a claim with the other driver's insurance company. Provide them with the details of the accident, including the police report.
• The other driver's insurance company will investigate the claim and determine fault. They may try to claim that their driver was not at fault or that both drivers share fault.
• If the other driver was uninsured or underinsured, you may need to turn to your own insurance policy for coverage, especially if you have collision coverage or uninsured/underinsured motorist coverage.
• If you have medical bills, your personal injury protection coverage or medical payments coverage may help cover these expenses.
• If the other driver's insurance company refuses to pay or provides an inadequate settlement, you may need to negotiate or appeal their decision.
• If you are unsatisfied with the outcome, you can seek legal help or file a complaint with your state's insurance department.

Remember to review your insurance policy to understand your coverage and rights in the event of an accident. Each state may have different regulations and time limits for filing claims, so it is important to act promptly and seek legal advice if needed.

Frequently asked questions