While every car accident is unique, the process for filing a claim with your insurance company is not. In general, auto accident claims will proceed the same way, though the results of each claim may be different. Read on to learn more about the way the insurance process works.
After every car accident involving an injury or serious property damage, each driver has a legal obligation to report the collision to his or her insurance company. Usually, this is taken care of through a simple phone call.
The insurance representative will ask you for your name, policy number, and an explanation of what happened to cause the accident. Remember that while you have an obligation to be honest, you do not have an obligation to give the insurance company a written or recorded statement.
Before calling your insurance company, be sure you understand your policy and what is covered as well as what is not. During your conversation with the insurance company’s representative, he or she will be looking for information which might show that the accident was not covered by the policy, meaning that the insurance company doesn’t have to pay.
For that reason, it is important to speak with an attorney if you do not understand how your auto insurance coverage works. If you are uncomfortable answering the insurance company representative’s questions, you can refer that person to your attorney’s office.
After your claim has been reported to your insurance company, the company will begin an investigation into the accident. This process may take several weeks or even longer.
During the investigation phase, the insurance adjuster will examine any available documents or reports about the accident. This may include police reports, eyewitness statements, medical records, or photographs of the scene.
If the accident involved property damaged, like a totaled car, the insurance company will often send out an appraiser who will calculate the damage and estimate the amount it would take to repair or replace the vehicle. The insurance company may also contact its own repair shops to come up with an estimate for what it thinks is fair.
During this phase, accident victims should also attempt to do their own investigation into the costs of the accident. Never take an insurance adjuster’s word for how much is fair compensation for property damage—always get your own estimate from a repair shop that you trust.
After the insurance company has completed its investigation, it will either deny the claim or offer a settlement. At this stage, the injured person must either accept the settlement, or pursue a lawsuit in court.
If the insurance company believes that it is not obligated to pay the claim, it may deny it entirely. At this point, an attorney will need to get involved to either negotiate a settlement with the insurance company, or file a lawsuit. In the same way, the insurance company may offer a settlement that is too low to fully compensate an injured victim. Often, hiring an attorney will convince the insurance company that the injured person is serious about seeking additional compensation, and the insurance company may increase the amount of the settlement offer.
If an attorney cannot negotiate an adequate settlement, the injured person may be able to file a lawsuit. However, this will depend on the type of insurance the person has, as well as the type of injuries he or she received. A person with limited tort insurance (also known as lawsuit threshold insurance) will only be able to file a lawsuit if his or her injuries are sufficiently serious. If that person only suffered minor injuries, then his or her legal options will be limited.
Even if you have no desire to go to court or file a lawsuit, hiring an attorney for your personal injury case can often lead to a larger insurance settlement. Insurance companies are in the business of making money, and will try everything possible to avoid paying legitimate claims. With an attorney on your side, you have a better chance of receiving adequate compensation than you would on your own.
At Fighting for People Injury Law, our attorneys work for you—not the insurance companies. We will fight to get you the money you need to pay medical bills, make up for lost time at work, and to compensate you for your pain and suffering. If you have been injured in an accident, call 215-396-9660 to speak with a Pennsylvania and New Jersey personal injury attorney today. At Fighting for People Injury Law, we fight for people and to protect the rights of injured victims and consumers.
