How to File a Successful Car Insurance Claim

Nov 21
22:15

2019

Allan Jones Gregory

Allan Jones Gregory

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Having to deal with the insurance company after your car accident is, unfortunately, a necessary evil. It can be even more distressing if you previously thought that filing an insurance claim was going to be a walk in the park. If you want to maximize your chances of securing the injury settlement you actually deserve, read on and learn more about how to file a car insurance claim when you live in a fault state or a no-fault state for car accidents.

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Having to deal with the insurance company after your car accident is,How to File a Successful Car Insurance Claim Articles unfortunately, a necessary evil. It can be even more distressing if you previously thought that filing an insurance claim was going to be a walk in the park. 

If you want to maximize your chances of securing the injury settlement you actually deserve, read on and learn more about how to file a car insurance claim when you live in a fault state or a no-fault state for car accidents.

Fault Laws

Fault state residents and drivers who are involved in a collision, such as those in California or Alaska, are under no obligation to carry personal injury protection coverage on their auto insurance policies, as they will not be filing a claim with their own insurers after a crash. Instead, accident survivors will need to file a claim with the at-fault party’s auto insurer in order to obtain an injury settlement. 

Keep in mind that the insurance company will only be required to pay up to the maximum amount of the insured’s coverage, and they will more than likely fight to reduce this payout. It is equally as important to know that the insurer may not handle your claim fairly. 

In fact, it’s quite possible that the insurance company will use unscrupulous tactics in order to reduce the amount they’ll settle for. Using your own statement against you and making insultingly low offers are two of the most common insurance adjuster tricks. You can minimize your chances of being taken advantage of by having your car accident lawyer deal with the insurer on your behalf.

Once the insurance company has provided you with a reasonable payout, any damages that were not recovered in your injury settlement may need to be sought after in a personal injury lawsuit.

No-Fault Laws

When you live in a no-fault state for car accidents, you won’t be dealing with the other involved party’s insurance company; you’ll be dealing with your own. One car accident attorney in Tampa, Florida, explains that no-fault state drivers must carry personal injury protection coverage as part of their auto insurance policies. 

Then, the insurer will use the limits of your policy and a number of other factors to determine how much they might settle your claim for. You’ll start off by contacting your lawyer to let them know that an accident occurred. From there, either you or your attorney will file a claim with the insurance company. Both sides will investigate, and then the insurer will either refuse to pay out on your claim or make you an offer. 

The offer may or may not be reasonable (probably not), at which point negotiations may need to continue. If negotiations stall and/or an agreement cannot be reached, your next option may be to head to court. In most cases, your attorney will be able to obtain a fair settlement before you get to the courtroom, as the insurer usually isn’t going to want to go to court. 

Should you choose not to work with an attorney to file your claim, just be aware of the fact that the insurance company may try to pay you less than you deserve in order to protect their own profits.

Don't Let Yourself Get Taken Advantage Of

It is more common than you might think for money-hungry insurance adjusters to take advantage of you by using state contributory negligence laws against you or making you fast offers that don’t come close to the award you deserve. Before you continue speaking or negotiating with the insurer, consider discussing your case with a qualified personal injury attorney near you.