Dealing with insurance companies in the aftermath of a car accident can be frustrating. Your lawyer can handle all communications with the insurer 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 crash can be just as overwhelming. You need to visit doctors to assess your car accident injuries, prepare documentation for your claim, and deal with insurance companies.
All the stress associated with preparing paperwork and dealing with insurance companies could negatively affect your recovery. An experienced car accident attorney can alleviate the stress, allowing you to focus on recovery.
How Does Car Insurance Work?
All motorists are required to carry liability insurance. Auto liability insurance covers the 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 Does the Car Accident Insurance Claims Process Work?
Seeking compensation after a car accident can be complicated. Many injured victims do not understand how the insurance claims process works. The claims process can be challenging, 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’re involved in a car accident, you must report the crash to the insurance company within a reasonable amount of time. Usually, 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 documentation to file an insurance claim. Before you begin the claims process, you might 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. Gathering Evidence for Your Claim
You need to gather evidence and supporting documentation 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 crash
- Documentation related to the property damage and vehicle repair costs
- Your medical bills and receipts related to the treatment and surgery
- Your journal detailing your pain and the effect of your injury on your life
- Statements proving your lost income
It can be difficult to gather some of these pieces of evidence while undergoing medical treatment. For this reason, consider contacting a car accident attorney to collect the necessary evidence and handle the claims process on your behalf while you focus on getting back on your feet.
3. Communicating with the Insurance Adjuster
Once you are done gathering evidence to support your personal injury claim, it is time to file your claim with the insurance company. When the insurance company receives your claim, it 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 the adjuster, follow these tips to protect your right to fair compensation:
Stay Calm and Be Polite
Understandably, being involved in a car accident can be both stressful and frustrating. However, taking out your anger on the insurance adjuster will not help. In fact, it can make things worse.
Refuse to Give a Recorded Statement
Despite what the insurance adjuster might say, you have no obligation to allow the adjuster to record a conversation with you. Insurance companies use recorded statements to use the injured person’s words against them during the claims process.
Keep Your Comments Brief and Factual
When speaking with an insurance adjuster, do not volunteer additional information. Avoid making assumptions or giving excessive details when discussing your injury, accident, or other details. Refer to your accident report and medical record for help. Do not say you are “okay” or “fine.”
Do Not Apologize or Assume Guilt
Do not admit your fault or use language that might sound like you are apologizing.
Do Not Accept the Insurer’s First Settlement Offer
You probably need the money from the settlement offer to pay your bills and expenses. However, do not accept the initial settlement offer until you understand the full extent of your injuries.
It can be tempting to accept the initial offer and put the whole thing behind you, but you should remember that the insurance company’s ultimate goal is to pay you as little as possible or nothing at all.
Consider contacting a knowledgeable attorney to help you communicate with the insurance adjuster on your behalf to ensure that you receive fair compensation for your losses and damages.
4. Preparing and Submitting a Demand Letter
A demand letter is a crucial aspect of the insurance claims process. Without a well-documented demand letter, you cannot receive full compensation. Seek legal counsel to ensure that your demand letter supports an adequate settlement amount.
In some cases, it may be appropriate to wait until the injured victim reaches their maximum medical improvement (the point in treatment where no further improvement is possible) to prepare and submit a demand letter to the insurance company.
5. Negotiating a Settlement with the Insurance Company
Once you submit your demand letter to the insurance company, the insurer may accept your demand and move forward with the settlement offer. If the insurer does not agree with the amount, it will make a counteroffer.
You should not feel pressured to accept the insurance company’s counteroffer or initial settlement offer. Instead, speak with your attorney to determine a fair settlement amount, which your lawyer 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 that you would be willing to accept.
- Emphasize the arguments that strengthen your claim.
- Do not accept a settlement offer if it does not cover your losses.
- Ask the insurance adjuster to provide a written explanation for its low offers.
- Do not sign anything until you consult with your attorney.
Once you and the insurance company sign a settlement agreement, there is no going back. It is vital to be sure before settling your claim.
Should You Give a Recorded Statement to the Insurer?
Insurance adjusters often request recorded statements, implying they are obligatory for your claim to proceed. However, no law requires you to provide one, and doing so rarely benefits you.
Insurers may use these statements to find contradictions, potentially leading to claim denial or undervaluation. Politely decline any requests for a recorded statement and consult with an attorney, who can handle communications on your behalf.
Things to Watch Out for when Dealing with Insurance Companies After a Car Accident
When dealing with insurance companies after a car accident, there are certain things you should watch out for:
The Insurer Asks You to Sign a Medical Release Form
Be cautious if the insurer asks you to sign a medical release form. While it grants access to your medical records, adjusters often use it to find information that could weaken your claim, not to ensure fair compensation.
The Insurer Says that Your Losses Are Not Covered
If the insurance company claims that your losses are not covered, they may be trying to minimize their expenses and pay you less than you deserve.
The Insurer Makes a Quick Settlement Offer
If you receive a settlement offer after one or two phone calls with the insurance adjuster, you are most likely dealing with a lowball settlement offer that won’t cover your losses. Have your attorney review any settlement offers.
Always remember that the insurer is not acting in your best interests. To protect your rights and ensure just compensation, you should contact a skilled lawyer.
Contact a Car Accident Attorney to Help You Deal with Insurance Companies
Dealing with insurance companies in the aftermath of a car accident can be frustrating. Your lawyer can handle all communications with the insurer 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 makes a settlement offer that is too 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 severe or disabling injuries.
- You aren’t sure how much your claim is worth.
- The insurance company is acting unreasonably, unfairly, or in bad faith.
While you can choose to represent yourself in personal injury matters, it is not a good idea. You need the guidance of an experienced personal injury attorney.
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