Auto Accident Insurance: Who To Ask And Why

Being involved in a car accident can be a distressing experience, and it can be difficult to know what to do next. One of the first questions that may come to mind is whether you should make a claim with your insurance company. The answer to this question depends on a few factors, including the extent of the damage, your deductible, and who you ask. If the accident is minor, such as a fender bender in a parking lot, most people will suggest handling it without involving insurance. However, it is important to be aware of the potential consequences of not reporting an accident, as this could result in a claim denial or higher premiums if it comes to light in the future.

When it comes to dealing with insurance companies, it is crucial to be cautious. Insurance adjusters may try to use various tactics to devalue or deny your claim, and you are not legally obligated to give them a recorded statement. It is recommended to consult with an attorney who specializes in personal injury law to understand your rights and protect your interests. Additionally, it is important to have a thorough understanding of your insurance coverage and what your policy covers in the event of an accident.

What are my rights?

If you've been in a car accident, you have certain rights that you should be aware of. Firstly, you are not legally obligated to give a recorded statement to the insurance company, and you can politely decline to do so. You also have the right to seek legal advice before giving any statement. It is important to remember that insurance adjusters work for the insurance company and are trained to minimise losses by devaluing or denying your claim. Therefore, it is in your best interest to consult with a lawyer before speaking to an insurance adjuster.

Secondly, you are not legally required to give the insurer access to your medical records from before the crash. Signing a blanket medical authorisation form can allow the insurer to search your medical records for pre-existing conditions or prior injuries, which they may use to argue that the accident was not the sole cause of your current injuries. Again, it is advisable to politely decline to sign such a form and consult with an attorney first.

Thirdly, you have the right to refuse to sign a claim release or give a verbal claim release. Insurance adjusters may try to pressure you into settling quickly by offering compensation, but it is not advisable to sign away your right to take further action. Without legal advice, you may not know the full value of your claim, and you could be settling for less than what you are truly owed.

Finally, you have the right to limit how much money your health insurance company can reclaim from your settlement. If you are injured due to someone else's negligence or fault, your health insurance company may have a right to reimbursement from any potential insurance settlement you obtain. However, you can consult with an attorney to understand your rights and ensure that your health insurance company does not take the entirety of your settlement.

In summary, it is important to remember that you have rights when dealing with insurance companies after a car accident. Consulting with a lawyer can help you understand and protect these rights, ensuring that you receive fair compensation for your losses.

What should I do at the scene of the accident?

If you've been in a car accident, it's important to know what to do at the scene to ensure your safety, comply with the law, and protect your legal rights and interests. Here is a detailed guide on what to do if you find yourself in such a situation:

Firstly, stop your vehicle and move to safety. It is important to remain calm and assess the situation. If possible, pull over to the side of the road or a nearby location where you will not obstruct traffic or cause further hazards. Turning on your hazard lights can help alert other drivers. Do not leave the scene of the accident, as this may be illegal in some jurisdictions and could result in penalties.

Check for injuries and call for emergency medical assistance if needed. The well-being and safety of everyone involved in the accident should be a top priority. If anyone is injured, call 911 or the relevant emergency number in your country. Provide first aid if you are trained to do so and assist those who are injured until emergency services arrive.

Notify law enforcement. Contact the police, even if the accident is minor and there are no apparent injuries. In some areas, the police may respond to every accident scene, while in other cases, they may only attend based on the severity and location of the accident. However, it is generally advisable to attempt to notify the police and be aware of any specific requirements in your region, such as time limits for reporting a hit-and-run accident.

Exchange information with other drivers. Obtain the names, addresses, telephone numbers, and driver's license numbers of all drivers involved. Ask to see and record their driver's licenses and vehicle registration information to verify accuracy. It is also important to get the names, addresses, and contact details of any passengers and witnesses to the accident. This information will be crucial for insurance purposes and any potential legal proceedings.

Document the accident scene. If possible, use your phone or camera to take photographs of the damage to vehicles, the accident scene, and any relevant details such as traffic controls or visual obstacles. Note the license plates and vehicle identification numbers of all involved vehicles. If the owner of a damaged vehicle or property cannot be located, leave a note with your contact information and the details of the other drivers.

Notify your insurance company. Contact your insurance agent or company as soon as possible to report the accident. They will guide you through the claims process and inform you of any specific requirements or time limits for filing a claim. Be honest and provide them with all the information you have gathered, including photos, witness statements, and police reports.

Remember, each situation is unique, and it is always best to use your judgment and follow the advice of emergency services and legal professionals. It is also advisable to familiarize yourself with your insurance policy and local laws before getting behind the wheel, so you know what to expect and what is expected of you in the event of an accident.

What information do I need for my accident claim?

It can be stressful to be in a car accident, but it is important to know what to do to make an insurance claim. Here is a list of information you will need for your accident claim:

• Date, time, location, weather conditions, and traffic conditions: It is important to record the date, time of day, and location of the accident. In addition, take note of the weather and traffic conditions at the time.
• Vehicle information: Make a note of the vehicle's make, model, registration number, condition, colour, estimated speed, direction, use of lights and indicators, and the number of passengers.
• Driver details: Collect the name, address, telephone number, and driver's license number of all drivers involved. Ask to see their driver's license and vehicle registration to verify the information.
• Witness information: Obtain the names, addresses, and telephone numbers of any witnesses, including passengers, onlookers, or police officers. If possible, get their contact details as well.
• Damage and injury documentation: Take photographs of the damage to the vehicles and the accident scene, including traffic controls and visual obstacles. Make a note of any damage to the vehicles or property, as well as any injuries caused.
• Insurance and contact information: Swap insurance and contact information with the other driver(s). This includes giving your name and address to someone you may have crashed into, or leaving your details on the windscreen of a parked car that you may have hit. Even if no one has been injured, swapping details can speed up the claims process.
• Police report: In some areas, the police will respond to every accident scene. However, it is a good idea to notify the police, especially if the accident is a hit-and-run. If anyone is injured or the vehicle damage exceeds a certain amount, you must report the accident to the relevant authorities within a specified time frame.
• Medical documentation: If you have medical payments or an uninsured motorist claim, you must provide documentation of your injuries, medical expenses, and lost wages.

It is important to review your insurance policy to understand what is covered and what is excluded. Additionally, contact your insurance company as soon as possible to inform them of the accident, as there is usually a time limit for reporting accidents, which can range from two days to two weeks.

What does my insurance cover after an accident?

After a car accident, your insurance coverage will depend on the type of insurance you have, the extent of the damage, and your deductible. It is important to review your insurance policy thoroughly to understand what is covered and what is excluded. Here are some key points about what your insurance may cover after a car accident:

Medical Bills and Treatment

Your health insurance will typically cover injuries sustained in a car accident. However, there may be restrictions on what is covered, such as in-network or out-of-network distinctions for care providers. Additionally, your health insurance may be considered “secondary” if there is other “primary” insurance available, such as your car insurance or the other driver's insurance. In this case, the primary insurance will be used first, and your health insurance will cover any remaining costs.

If you have specific coverages like Medical Payments (MedPay) or Personal Injury Protection (PIP) under your auto insurance policy, these can help pay for your medical expenses and may even cover lost wages resulting from the accident, regardless of who was at fault. MedPay coverage rarely requires a deductible, while PIP may require one.

Vehicle Repairs or Replacement

If your vehicle is damaged in the accident, your insurance company will typically pay for the necessary repairs. They may send a qualified adjuster or appraiser to inspect the damage and write an estimate. If additional damage is found during the repair process, the repair shop will need to contact your insurer for approval of the additional costs. The insurer may send an adjuster to re-inspect the damage or ask you to submit competitive repair estimates if the damage is minor.

In some cases, the insurance company may opt to pay the actual cash value (ACV) of the vehicle instead of covering the repair costs, especially if the vehicle is deemed a total loss. The ACV usually refers to the fair market value of the vehicle, which is the amount a prospective buyer is willing to pay.

Rental Cars

If you have purchased rental vehicle coverage under your auto insurance policy, your insurance company will typically cover the cost of a rental car while your vehicle is being repaired or if it has been stolen. Policy limits and coverage periods vary, so be sure to review your policy details.

Dealing with Other Parties

If the other driver is at fault, their liability coverage can help pay for your medical expenses and vehicle repairs or replacement. If they don't have enough liability coverage, Uninsured/Underinsured Motorist (UM/UIM) coverage under your policy can help fill the gap.

It is important to exchange insurance information with the other driver involved in the accident and notify your insurance company as soon as possible. Keep in mind that insurance adjusters are trained to minimize losses for their company, so be cautious when providing statements or signing any documents. You may want to seek legal advice to protect your interests.

Will insurance cover my medical bills?

If you're involved in a car accident, you'll need to exchange insurance information with the other driver and notify your own insurance company. The at-fault party and their insurance company will typically cover your medical bills, but there are a few different ways this can play out.

Using Health Insurance

If you have health insurance, it will usually cover your car accident injuries. However, your health insurer may have the right to reclaim any money paid for your treatment if you receive money from the at-fault driver's insurer.

Using Car Insurance

If you have car insurance-specific options like MedPay or PIP coverage, these might save you money and hassle compared to using health insurance. MedPay covers you, your family, and passengers, regardless of who is at fault. PIP is similar but is only available in certain states.

Using the At-Fault Party's Insurance

If the accident was caused by the other driver's negligence, you can file a personal injury insurance claim or lawsuit. The at-fault party's auto insurance will cover the costs of all the medical care required for you to reach maximum medical improvement after the accident. This includes rehabilitation, therapy, drugs, in-home medical support, and assistive medical devices.

Frequently asked questions