Dealing with insurance companies after a car accident can be frustrating. Your lawyer can handle all communications with the insurance company and ensure that they act reasonably and fairly when processing your claim.
Being involved in a car accident is stressful, but the aftermath of the accident can be just as devastating. You need to see doctors to assess your car accident injuries, prepare documents for your claim and deal with insurance companies.
All the stress associated with preparing paperwork and dealing with insurance companies can negatively affect your recovery. An experienced car accident attorney can take the stress away, allowing you to focus on recovery.
How does car insurance work?
All motorcycles are required to carry liability insurance. Auto liability insurance covers injuries and property damage that the policyholder causes to others in a car accident, including the victim’s medical expenses and the cost of repairing their damaged automobile.
How do car accident insurance claims work?
Seeking compensation after a car accident can be complicated. Many injury victims do not understand how the insurance claims process works. The claims process can be difficult, and victims may need to hire an attorney to help them navigate insurance companies and manage all legal aspects of their claim, including these five steps, to ensure maximum recovery.
1. Preparing your insurance claim
If you are involved in a car accident, you must report the accident to the insurance company in a timely manner. Generally, insurance companies require policyholders to report a car accident within 24 or 72 hours of the crash.
Once you report the accident, you need to start preparing documents to file an insurance claim. Before beginning the claims process, you may want to consult with an attorney to learn about your rights and understand what steps you can take to protect your right to maximum compensation.
2. Gather evidence for your claim
You need to gather evidence and supporting documents to build a strong personal injury case. Your personal injury claim can include these essential pieces of evidence to support your car accident claim:
- Your medical records related to the injury
- A copy of the police report
- Photos from the scene of the car accident
- Documents related to property damage and vehicle repair expenses
- Your medical bills and receipts related to treatment and surgery
- Your journal details your pain and the impact of your injury on your life
- Statements proving your lost income
Some of this evidence may be difficult to gather during clinical treatment. For this reason, consider contacting a car accident attorney to gather the necessary evidence and handle the claims process to focus on getting back on your feet.
3. Communicating with an insurance adjuster
Once you’ve gathered evidence to support your personal injury claim, it’s time to file your claim with the insurance company. When the insurance company receives your claim, they will assign an insurance adjuster to your case. The adjuster will contact you to discuss your claim and ask about the accident and your injuries.
When communicating with an adjuster, follow these tips to protect your right to fair compensation:
Be calm and polite
Understandably, being involved in a car accident can be both stressful and frustrating. However, taking out your anger on the insurance adjuster won’t help. In fact, it can make things worse.
Refuse to give a recorded statement
Despite what the insurance adjuster says, you have no obligation to allow the adjuster to record conversations with you. Insurance companies use recorded statements to use the injured person’s words against them during the claims process.
Keep your comments short and factual
When speaking with an insurance adjuster, do not volunteer additional information. Avoid making assumptions or giving too much detail when discussing your injury, accident, or other details. Check your accident report and medical records for help. Don’t say you’re “okay” or “okay.”
Apologize or don’t take offense
Don’t admit your mistake or use language that sounds like you’re apologizing.
Do not accept the insurer’s first settlement offer
You may need the money from the settlement offer to pay your bills and expenses. However, don’t accept an initial settlement offer until you understand the full extent of your injuries.
It may be tempting to accept the initial offer and put the whole thing behind you, but you should remember that the ultimate goal of the insurance company is to pay you as little or nothing.
Consider contacting a knowledgeable attorney to help you negotiate with the insurance adjuster on your behalf to ensure that you receive adequate compensation for your losses and damages.
4. Preparation and submission of demand letter
A demand letter is an important aspect of the insurance claims process. Without a documented demand letter, you may not receive full compensation. Seek legal advice to ensure that your demand letter supports an appropriate settlement amount.
In some cases, it may be appropriate to wait until the injured victim has reached their maximum medical improvement (where no further improvement is possible in treatment) to prepare and submit a demand letter to the insurance company.
5. Negotiate a settlement with the insurance company
Once you submit your demand letter to the insurance company, the insurer may accept your claim and proceed with a settlement offer. If the insurance company does not agree to the amount, it will make a counter offer.
You should not feel pressured to accept an insurance company’s counteroffer or early settlement offer. Instead, talk to your attorney to determine a reasonable settlement amount, which your attorney will negotiate on your behalf.
Keep these considerations in mind when negotiating with an insurance company after a car accident:
- Determine the lowest settlement amount you would be willing to accept.
- Emphasize the arguments that support your claim.
- Don’t accept a settlement offer if it doesn’t cover your damages.
- Ask the insurance adjuster to provide a written explanation for his or her low offers.
- Do not sign anything until you consult with your attorney.
Once you and the insurance company sign a settlement agreement, there’s no going back. It is very important to be sure before settling your claim.
Do you give a recorded statement to the insurance company?
Insurance adjusters often request recorded statements, which means they are mandatory for your claim to proceed. However, no law requires you to provide one, and doing so hardly benefits you.
Insurers can use these statements to look for discrepancies, potentially leading to a denial or undervalued claim. Politely decline any request for a recorded statement and consult with an attorney, who can handle communications on your behalf.
Things to look for when dealing with insurance companies after a car accident
When dealing with insurance companies after a car accident, there are a few things you should look out for:
The insurer asks you to sign a medical release form
Be careful if the insurance company asks you to sign a medical release form. Although it provides access to your medical records, adjusters often use it to find information that could undermine your claim, not ensuring proper compensation.
The insurance company says your damages are not covered
If the insurance company claims that your damages are not covered, they are trying to minimize their costs and pay you less than you deserve.
The insurer offers a quick settlement
If you receive a settlement offer after one or two phone calls with the insurance adjuster, you will most likely. Dealing with a low-ball settlement offer that won’t cover your losses. Have your attorney review any settlement offer.
Always remember that the insurer is not acting in your best interests. To protect your rights and ensure fair compensation, you should contact a skilled attorney.
Contact a car accident attorney for help dealing with insurance companies
Dealing with insurance companies after a car accident can be frustrating. Your lawyer can handle all communications with the insurance company and ensure that they act reasonably and fairly when processing your claim.
Consider hiring a car accident attorney if any of the following factors apply to your situation:
- The insurance company offers a settlement that is very low.
- The insurance company tries to deny your claim or say that your losses are not covered.
- The insurer tries to blame you for your injury.
- The statute of limitations expires soon.
- You suffered serious or disabling injuries.
- You are not sure how much your claim is worth.
- The insurance company is acting unreasonably, unfairly, or in bad faith.
While you may choose to represent yourself in personal injury cases, it is not a good idea. You need the guidance of an experienced personal injury attorney.
