There are several car insurance claim questions that accident victims share. Because of the inexperience the average driver has with the insurance claims process, merely making a request for compensation can be a daunting task. Below are answers to common questions asked about the average auto accident claim.
Is A Claim the Same As A Court Case?
No. A car accident claim is a document filed with your or the other party’s insurance company detailing the facts of the accident, the extent of damage and requesting compensation for injuries and property damage. A court case involves submitting any disputes between the insurance company and parties about the accident to a judge or jury for resolution.
Do I Need An Attorney for A Claim?
While filing an auto insurance claim does not require an attorney, hiring one to assist you may result in your claim being resolved faster and for a higher dollar amount. Consult with several attorneys prior to choosing one and inquire into their expertise with handling auto accident claims rather than litigation.
Where Do I File My Claim?
The insurance company from whom you will request compensation will vary depending on the circumstances of your accident. In car accidents in which both parties were insured, you will file a claim for property damage and personal injury at the other party’s insurance company. If the other party was uninsured you should seek compensation from your insurance company. If the accident involved more than two parties, file your claim with all insurance companies. The companies will work out amongst themselves who will pay for what.
What If A Party Is Uninsured?
Despite many states requiring drivers to carry insurance, many drivers are still uninsured. In this case, your claim should be filed with your own insurance company. Your company should compensate you for any repairs that must be made to your vehicle and for any medical expenses associated with personal injury caused by the accident. Typically, the insurance company will then sue the uninsured individual for the amount it needed to expend to compensate you.
How Do I File A Claim?
Most insurance companies provide claims forms to be completed when filing a claim. These forms will detail all the information you need to include and any documentation you must attach to it before it will be considered complete and reviewed by the company. If you have any questions about the form or do not know where to find the form, contact the insurance company for assistance.
What Is The Normal Claims Process?
After receiving a claim request, the insurance company will assign your claim to an adjuster. The adjuster will investigate the specifics of your case, including property damage and personal injury and place a value on the different damages. He will then aggregate these values and attempt to find ways to reduce the total amount of your claim by investigating whether you are receiving compensation from another source, such as another party, insurance company or your insurance. Subsequently, he will submit his findings to the insurance company who will then make you a written settlement offer. If you accept the amount of the offer you will receive a check as payment; if you decline the payment you and the insurance company will then engage in negotiations to find a mutually acceptable settlement amount.
Is A Claim Final?
A claim is final only after you accept an offer. At that point, you lose the ability to obtain more compensation from that insurance company for the accident. However, accepting a settlement offer typically does not prevent you from recovering from another insurance company involved in the accident.
What If My Claim Is Denied?
If your claim is denied, you have the choice of either filing an appeal of the denial or proceeding to litigation. If you pursue filing a court case, seek legal representation.
Obtaining Legal Representation
Because of the complexity of auto claims, seek legal assistance with any request for compensation you plan on filing against a party or insurance company. An attorney will advise you about the proper documents to include and statements to make on claims forms to increase the chances of you recovering for your damages and injuries.
