You have auto insurance there to protect you in the event you are in a car accident.
However, when you go to use it, you might wonder how you are supposed to file a claim and what the proper protocol is for doing so. Also, you may wonder if you should file a claim when the other party was at fault or if you can just leave your insurer in the dark.
Knowing how to file a claim is crucial. Not only will it protect you in case the other driver is uninsured or underinsured, but you may be required to report to your insurance company within a specific timeframe or you will be unable to use your benefits that you have invested in for years.
Contact Gladstein Law Firm, PLLC
online or by calling 502-791-9000.
First, File an Accident Report
Before you can file a claim, you need to report the accident to the police. When an accident has a specific value in property damage (usually over $500), you are required by law to report it and file an accident report with local law enforcement.
You need a police report to file a claim with your insurer, anyway. They will request copies of that report as part of the claims’ adjustment process to determine who they feel is responsible for any damage associated with your accident.
Likewise, if you do file an injury claim later on, having a police report helps prove who caused the accident, gives witness information, and shows if any citations were given to the at-fault party.
Contact Gladstein Law Firm, PLLC
online or by calling 502-791-9000.
Report to Your Insurer, Regardless
When you received your auto insurance policy, you signed an agreement with strict clauses. Whether you read them or not, all insurance agreements have a mention of your reporting obligations if you are involved in an accident. Realize that if you fail to inform your insurer, you may forfeit the right to seek compensation from your insurance company.
Most policies have 15 to 30 days to report, but it is in your best interest to call and start the process with your insurer immediately.
Filing a Claim with a Third-Party Insurer
You were not at-fault for the accident; therefore, your insurance company will want you to request compensation from the other party’s insurer first.
Your insurance claims’ adjuster will most likely inform you on how to file a claim with the other insurer. But you will still want to start the process, even if your claim is pending.
You will file a claim through the other party’s insurance company directly.
You will need a few things nearby when you call the other party’s insurance to file your claim:
- The name of the at-fault driver, their driver’s license, and their insurance information. You should have exchanged these details at the scene, and they are also on your police report.
- A copy of the police report for your accident. You do not receive a copy at the scene; instead, you must go to the local precinct and get a copy. Sometimes these are free, while other times you must pay a small fee.
- The contact information for other passengers in your car who were also injured.
- Photographs of any vehicle damage and injuries at the scene.
- Your repair shop’s information. Your insurance company will give you some names of repair shops in the area, and you can take your vehicle there for an estimate. You will want the contact information and estimate amount ready when you file your claim.
- Details about the accident. This includes the date, time, where it happened, and anyone involved.
Note: You Are Not Required to Provide a Statement at This Time
While you must report the accident and file a claim with the third-party insurance company, you are only required to provide the details. They may press you to file an official written or recorded statement, but you are not required to do so. It is in your best interest to wait on providing any comment until you have spoken to an attorney.
An attorney will make sure that your statement sticks to the facts, and that you do not say anything the other insurance company can misconstrue in a way to put a portion of the fault on you.
What If the Driver Doesn’t Have Enough Insurance Coverage?
This is why you must report the incident to your insurer in time.
If the other driver does not have enough insurance coverage to compensate you for the accident, your attorney will have two options:
- File a Lawsuit – First, your attorney may file an injury lawsuit against the other driver and their insurer. While the insurer is only liable for up to the maximum policy amount, the remainder would then be on the driver. They may have assets that can be sold to satisfy the debt and at least recover some (if not all) of the remaining portion.
- File through Your Insurance Policy – Your insurer might cover the remaining amount if you have uninsured or underinsured motorist coverage.
Do You Need an Attorney?
While you could file a claim with a third-party insurer, realize that you are not the client they represent. The insurer represents the driver who caused the accident. Likewise, they represent themselves. They are a business, and like any business, they want to protect their profits. Therefore, they will do their best to lessen the amount of money they pay out and preserve their profits.
It is in your best interest to hire an attorney. You are recovering from serious injuries, and the last thing you need to worry about is how much compensation you deserve or negotiating with claims’ adjusters about who was really at fault for the incident.
Instead, let an accident attorney help you. An attorney serves as your advocate, and there is no risk to meet with an attorney and explore your legal rights.
Attorney Seth Gladstein at the Gladstein Law Firm, PLLC, is more than happy to assist you with your case. Get started by calling us to schedule a free consultation or request more information online.
Contact Gladstein Law Firm, PLLC
online or by calling 502-791-9000.
