Most drivers manage to avoid getting into a crash where another driver is involved their whole lives. It is far more common to encounter damage to your own vehicle from misjudging a curb, dings in a parking lot, or issues with maintenance and repairs. All of these types of claims are against your own insurance, asking the insurance company to step in and pay to compensate you for damage covered under a policy.
When you’re involved in a car crash, and both drivers have insurance, you might default to assuming it is the other driver’s fault, so clearly, they are the one that files an insurance claim.
This isn’t the best approach to take. At Clear Counsel Law Group this issue comes up because many drivers don’t fully understand the claims process. This article will explore how that process works and why it is beneficial to get all sources of insurance involved early after a crash.
Identify Available Insurance
Your first task is to figure out what insurance coverage is available. This involves identifying your own insurance and that of the other driver (and any other party involved). Each insurance policy may cover different aspects of a car crash.
Understanding the Claims Process
The insurance claim process begins when you file a claim with your insurance company or the other party’s insurer. This is usually done after incidents that cause loss or damage.
- Filing the Claim: You report the incident to the insurance company. This can typically be done online, over the phone, or through an agent.
- Claim Investigation: The insurance company investigates the claim. They may ask for additional information, such as photos of the damage, a police report, or witness statements.
- Damage Evaluation: An adjuster might be assigned to assess the damage and estimate repair costs.
- Claim Approval or Denial: Based on the investigation and evaluation, the insurer decides whether to approve or deny the claim.
- Payment: If the claim is approved, the insurance company will issue a payment, either directly to you or to the service provider, like a repair shop.
If you file a claim with your insurance and against the other party at the same time, this process works in parallel, speeding up the clock on your possible compensation.
Damage Types and Insurance Coverage
The type of damage you experience in an accident dictates the kind of insurance coverage that applies.
Damage to your vehicle typically falls under collision coverage. In contrast, personal injuries you suffer might be covered under personal injury protection (PIP) or medical payments coverage. It’s always good to understand your insurance policy’s specifics and the coverage it provides for different types of damages.
If you pay a deductible with your insurance, it is possible to go after the other driver’s insurance for reimbursement.
Notify All Relevant Insurance Companies
After a crash, filing a claim with each relevant company ensures that all potential avenues for compensation are explored. This step is especially important in accidents involving multiple parties or where liability might be shared or disputed.
Filing a claim provides your insurance company with notice that damage has occurred and primes them for potential disputes. Your insurance company has a keen interest in making the other party’s insurance cover damages and will often push for them to settle on your behalf.
Your insurance company should be comfortable working with you, you are a client. They may well pay a claim faster than the other driver’s company. This gets you compensated and back to living your life sooner. Your insurance company might call it good at that, or they can subrogate to get their payment from the other driver’s company. If the other driver is found at-fault, your insurance is highly likely to get back everything they paid which helps keep your rates low.
When to Involve an Attorney
Dealing with insurance companies can sometimes be a daunting task, particularly when large sums or complex issues are involved. Nothing stalls recovery quite like the stress of arguing with middlemen on the phone and waiting for money to come through.
Hiring a personal injury attorney can provide significant leverage in getting insurance to settle quickly and for a fair amount. A lawyer skilled in insurance negotiations can communicate more effectively with insurers, establishing the severity of your injuries and pushing them to take your claim seriously.
If you face a situation where an insurance company denies your claim or offers an unsatisfactory settlement, having an attorney becomes invaluable. Attorneys can challenge the insurer’s decision, negotiate more aggressively, and, if necessary, pursue legal action to secure the compensation you deserve.
The Role of an Attorney
The role of an attorney in the insurance claim process is multifaceted. They assist in initiating the claim, guide you through the process, negotiate settlement amounts, represent your rights, and resolve disputes. An attorney’s involvement is particularly crucial in cases with significant injuries, complex liability issues, or when dealing with multiple insurance companies. If you encounter challenges, seeking legal assistance from Clear Counsel Law Group can make a significant difference in the outcome of your case.
