If you have recently been involved in a car accident, you are probably dealing with more than just the damage to your vehicle. When seeking reimbursement for your damages, you must file an accident claim.
You can file a claim on your own or consult a car accident lawyer in your area. However, it is best to consult an attorney to ensure you factor in all damages and to avoid leaving money on the table. In this guide, we will break down how car accident claims work so that you can know what to expect and how to protect your rights.
Step 1: Reporting the Accident
The first thing you should do after a crash is call the police. A formal police report will help to prove what happened. Request a copy of the report or take a picture of it.
Also, if it is safe, take pictures of the scene, damage to all vehicles involved, and visible injuries. Additionally, get the names and contact information of any witnesses and exchange insurance details with the other driver. All these details will act as key evidence that will strengthen your claim.
Step 2: Seek Medical Attention
Get checked by a medical professional. Some injuries, like internal bruising, take time before being noticeable. Seeing a doctor early on will ensure your injuries are documented and linked to the accident, which is vital for your claim. Waiting too long can make it hard to form this link.
Step 3: Filing the Insurance Claim
Depending on the situation, you may be able to file a claim with your own insurance. This is called a first-party claim. You can also file using the at-fault driver’s insurer or a third-party claim.
Most states use an at-fault system, meaning the negligent party’s insurance is liable for settling the claim. Only 12 states use a no-fault system, which means you should seek compensation from your own insurance company.
When filing a claim, you must provide documentation such as:
- Police reports
- Photos
- Medical bills
- Repair estimates
- Proof of lost income
It is important to be honest when submitting a claim and to keep copies of all the documents.
Step 4: Investigation and Evaluation
After your claim, the insurance company will assign a claims adjuster to investigate the case. Their work is to:
- Collect evidence
- Review your documents
- Determine who was at fault
They might inspect vehicles, interview witnesses, and even check your social media. That is why it is important to be consistent and avoid sharing anything that can incriminate you. Once the investigation is complete, the adjuster will calculate how much your claim is worth based on information like vehicle damage, medical expenses, and pain and suffering.
Step 5: Negotiation and Settlement
The insurance company will make an initial offer, but do not accept it immediately. In most cases, the first offer will be lower than what you deserve. You can and should negotiate if the amount does not cover your losses.
Having a lawyer can easily take the pressure off you in this step. They can help to push for a better settlement that reflects the impact of the accident.
Step 6: A Lawsuit
If the insurance company denies your claim or refuses to offer a fair settlement, you might need to take legal action. This means filing a lawsuit. The trial process can be very lengthy and take even years. There are several steps, like discovery, depositions, and possibly a trial.
However, most cases are settled out of court, and you can still negotiate and settle without a trial even after filing a lawsuit.
Conclusion
Knowing the steps to take after a car accident claim is very important when it comes to negotiating a fair settlement. An attorney can guide you through the entire process to give you time to focus on recovering.
