Must-Know Facts About Car Accident Insurance Claims

September 12, 2022

Being involved in a car accident can be a traumatic experience. But knowing your rights and responsibilities when making an auto insurance claim can make the sometimes complex process easier. This guide outlines all the must-know information you need to start your insurance claim after being in a car accident.

Full Coverage vs. Liability Insurance

It is important to understand the difference between full coverage insurance and liability insurance when filing a car accident insurance claim. Full coverage policies typically cover damage to your car and other cars involved in the accident, while liability policies only cover the damage to others' cars. Knowing which type of policy you hold will help determine what costs are eligible for reimbursement under your claim.

If you have full coverage insurance, you may be eligible for reimbursement for both your repairs and the repairs of the other driver's car, regardless of who is at fault. On the other hand, if you only have liability insurance, you will only receive compensation for the repairs to the other driver's car if you are found to be at fault for the accident. It is important to know what kind of policy you have and understand exactly what is covered prior to filing an insurance claim after an accident.

Determining Fault and Negotiating With Insurance Companies

In order to determine who is responsible for damages resulting from a car accident, you and the other party's insurance companies will need to agree on who is at fault. Factors like discrepancies between police reports or eyewitness accounts can complicate negotiations. It is important to always remain open and honest with the insurance company throughout this process. If possible, try to obtain written proof of any verbal agreements made when negotiating with an adjuster.

If you were not at fault for the accident, it is important to understand your rights and to be assertive when negotiating with the insurance company of the liable party. You are entitled to receive compensation for medical bills, car repairs and any lost wages incurred as a result of the accident. If an insurance adjuster offers a settlement that seems too low, do not be afraid to counter offer or hire legal representation if necessary. It can take a lot of time and effort in order to receive proper compensation after a car accident, so ensuring that each step of claiming is taken care of properly is key.

The Statute of Limitations for Car Accident Claims

The statute of limitations for car accident claims typically varies from state to state, with most ranging from one to six years. It is important to be aware of the time limits that apply in your area as this will determine how much time you have to file a claim. Furthermore, there can also be sub-statutes when it comes to certain types of car accidents and insurance payment claims that must be adhered to. Make sure you understand all applicable laws before deciding on filing an auto insurance claim.

It is important to understand the statute of limitations for car accident claims because it affects how much time you have to file a legal claim for compensation. Generally, most states allow up to six years to seek monetary damages and other related losses, but this varies by state. Some states may also have their own statutes when it comes to certain accidents or types of damages; it's important to research the laws that apply in your particular jurisdiction before making any decisions. Additionally, seeking legal advice can be beneficial when considering filing a car accident claim with an insurance company as they have several layers of protocols that must be adhered to in order to pursue a successful claim.

The Importance Of Documentation and Accurate Records

When filing an auto insurance claim, it is important to keep detailed records of all correspondence between yourself and the insurance provider. Be sure to document every time you make a phone call, as well as what was said in each conversation. Additionally, save any documents that have been sent to with regards to your claim, such as accident reports and medical bills. Including accurate information when filing an insurance claim is key to getting the compensation that you deserve.

Records can be the difference between a successful and unsuccessful auto insurance claim. When filling out information to submit an auto insurance claim, never estimate, guess or make inaccurate statements. Even small mistakes can lead a company to deny the entire claim, costing you time and money. At best, any and all inaccuracies will delay processing. Document as much information as possible including date of accident, exact location of accident, detailed description of damages done to your vehicle and any other issues ensuing from the accident such as medical records for injuries caused during the accident. Accurate documentation is key!

Addressing Uninsured Motorists or Underinsured Drivers

When filing an auto insurance claim, it is important to be aware that the driver responsible for your accident may not have enough auto insurance coverage. This can occur in cases where the driver is operating without mandatory auto insurance or when their policy limits are not sufficient for paying out your injuries. In either case, you may need to explore various options for resolving this issue, such as seeing legal representation or filing a claim with your own underinsured motorist coverage.

If you are facing a situation involving an uninsured or underinsured driver, it is important to first put your safety first and receive medical care as necessary. From there, contact your insurance provider as soon as possible to file a claim, notifying them of the other driver’s lack of coverage. At this point, you will need to consider all aspects of the accident such as photos or video evidence, the police report and any witness accounts in order to build a stronger case. Depending on the severity of your situation, you may need to pursue additional legal counsel in order to properly address the uninsured driver claim and make sure that you are receiving the full compensation that you deserve.

If you've been injured in a car accident recently, reach out to us at Beharry Law to help you navigate the process of filing an insurance claim and get you the maximum compensation from the responsible party's insurer.

If you or a loved one were recently injured in a car accident, contact our car accident lawyer for a FREE consultation . . . .

Michael D. Beharry, Esq.

An experienced personal injury attorney in the Miami area, who is committed to helping injured accident victims with cases involving car accidents, truck accidents, motorcycle accidents, rideshare accidents, wrongful death, slip and falls, as well as brain and spinal cord injuries.

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