Automotive Collision Center Inc.

Automobile accidents generally have the consequence of disrupting your life. Your life is interrupted and all of a sudden you are tasked with making an attempt to get it back on track. While you will undoubtedly not fully recover from the accident, you have the right to file an auto accident insurance claim to recover damages. This article provides information about the auto accident insurance claim process and offers suggestions for you in recovering what is owed to you.

Overview of Auto Accident Insurance Claim

After an auto accident that results in injuries or other damages, you will likely have to deal with an insurance company to recover your losses. The claims process can vary, but there are essentially three key steps: filing your claim, substantiating your claim, and negotiating a settlement.

Filing Your Claim

Probably the easiest part of the claims process is filing your claim. In regards to an auto accident, you have the option of starting the process yourself or letting your insurance company work on your behalf. The insurance company of the responsible party will want to record your statement. This usually takes place shortly after the auto accident when the incident is fresh in your mind. The insurance company will want to ask you questions about the accident. They may conduct the interview over the telephone or in person. In either case they will usually record the interview. It is a good idea to have your notes with you to make sure you don’t forget anything. If you intend to hire a lawyer to represent in the claim, you probably don’t want to offer information about the incident other than the date, time, and any other general information.

Substantiating Your Claim

It is not enough for you to tell the insurance company that you have experienced a loss as a result of an auto accident. You will need to provide evidence that backs up your claim. Your notes about the accident and damages that you have sustained is a good place to start with verifying your claim. When you are able to do so, after the accident you should write down what any witnesses have to say about the accident. Reports from professionals will carry a lot of weight in validating your claim. Medical professionals can provide a report about you from a medical standpoint. A policeman’s report can also help your case especially if the report lists that the other driver received a traffic citation for a wrongdoing.

Negotiating a Settlement

The negotiating aspect of filing an insurance claim for an auto accident may continue for an extended period of time. If you are unable to obtain a settlement from the insurance company on your own, you may consider working with an attorney who has experience with auto accident cases. If the lawyer determines that it is best for you to take your case to civil court, you will probably be able to obtain their services on a contingency basis. This means that you will not have to pay for their services unless they actually recover damages for you.

Important Considerations of Auto Accident Insurance Claim

When you file an auto accident insurance claim, the law will usually give you the legal right to file an insurance claim for several different types of damages. A typical auto accident insurance claim will typically include a request for payment for compensatory damages. These types of damages seek to recover what you have actually loss as a result of the accident, and include the following:

Medical Costs: These are damages to recover medical expenses. This usually includes bills from services rendered by doctors, hospitals, medical emergency personnel, and any other individual or service for treatment of injuries that you sustain from the auto accident.

Property Damage: In an auto accident, property damage refers to any damage to your automobile. Depending on the estimate you receive from an auto body shop, you will either claim for your car to be repaired or that you receive cash value for your totaled car. Your car will be estimated as totaled if the auto body shop determines that the cost to fix the car is more than the value of the car. If your car is totaled, you may be able to include in your claim that you receive a cash payment and buy the car back from the insurance. The amount you would have to pay for your totaled car is typically equal to the cost that a salvage yard would garner if they auctioned it off.

Lost Wages: You can usually claim recovery for wages lost between the time of the accident and the settlement date. Depending on your case, you may request damages for future lost wages. Just because you are unemployed at the time of the auto accident does not preclude you from receiving lost wages. You may be able to file for wages you would have earned had you not been involved in the accident. In this situation you would have to provide evidence showing that you could have earned income.

Steps to Take When Filing an Insurance Claim

The following steps are the steps that you should take to file an auto accident insurance claim.

1. Report the accident to your insurance company and file an auto accident insurance claim. This is an important step whether or not you are at fault or not for the auto accident. They are not required to do so, but your insurance company will probably manage the process on your behalf.
2. If your insurance doesn’t start the claims process, you need to take charge immediately. Notify the insurance company of the responsible party. You should do this as soon as practicable after the accident.
3. The insurance will complete a claim, but it is recommended that you write your own detailed report of the incident. This includes noting the particulars of the accident and any statements from witnesses or medical professional that support your claim.
4. Keep notes of everything that transpires during the case. For example, you should document visits to the doctor, damage estimates from body shops, and any time off from work.
5. Engage in negotiations with the insurance company of the responsible party for a settlement offer.
6. Receive a settlement offer from the insurance company and consider whether it recovers all of your requested losses.
7. Obtain advice from a lawyer if you are experiencing difficulties resolving your auto accident insurance claim.

Your Rights

When everything goes well, filing an auto accident insurance claim should result in your receiving the maximum compensation that you deserve. Unfortunately, it is very common for the process to become involved and difficult for the victim to recover what they are entitled to receive. If you file an auto accident insurance claim and determine that the insurance company is not handling with your case fairly and denying your claim, you have the right to file a complaint. Every state has a Department of Insurance that ensures that insurance companies abide by insurance standards. You can file your complain with this state agency. You also have the right to obtain the assistance of a lawyer to file a civil suit against the driver.