Advertiser Disclosure A car crash can be a frightening and traumatizing experience that can shake your physical and emotional wellbeing. But as you work through the stress of that day, you’ll soon find other challenges to face as you file your car crash claim, seek medical care, and negotiate with the insurance company for a fair settlement. The claim filing process can be confusing as you deal with an insurance company interested in minimizing any payouts.
The good news is that this guide is here to help you navigate the process. Read on to learn more about the fundamentals of the car accident claim process, from what happens after a car crash to how and when you may need to file an automobile claim. In this article: After an accident, one or both drivers may file a “first party” car crash claim with their own insurance company based on their type of coverage .
They might also file a “third party” claim with the other driver’s insurance company to recover their losses. You typically file a claim when: There’s a difference between an insurance claim and an insurance settlement . With a claim, you make a legal demand for compensation from the insurance company for your losses.
A settlement is a financial resolution that you and the insurance company (insurer) agree upon to resolve your claim for damages . If you aren’t able to settle with the insurer, you may also be able to file a case in court to recover economic and non-economic damages, which is separate from the insurance claim process. Economic damages help someone regain their original condition before the accident and typically involve payments for such things as lost wages or past and future medical costs.
In contrast, non-economic damages are more punitive and are rewarded for things like ” pain and suffering . ” The amount you may recover through a settlement or in court will often depend on several factors, such as: With an understanding of the key terminology used in car crash claims, here are the steps you will likely need to take if you’re filing a car crash claim. To ensure that you have the best chance of substantiating your claim, you need to fill out a police report immediately after the accident.
Although your state may not always require a police report, it’s usually a good idea to obtain one. Police reports are unbiased accountings prepared close in time to an accident. A police report can: A police report is helpful, but it should not be the only source of evidence you rely on.
You should make sure you gather information on your own to support your claim, including: Once you have the information mentioned above, it would help to have an experienced car accident attorney review the facts of your case. They can point out strengths and weaknesses as well as likely options and outcomes. If you end up hiring an attorney, they can also: Now that you understand how an attorney can help with the review process, it’s time to submit your claim for processing by: Typically, you should file your car crash claim as soon as possible after the accident.
The usual timeframe to file a car crash claim is within 48 hours of a crash, but the exact claim time limit will depend on your insurance company and the type of claim you plan to file. Personal property damage claims and bodily injury claims may have different deadlines. The question “how long after an accident can you file a claim” should be addressed in your car insurance policy, so be sure to look there to determine your time limits.
If you can’t reach a settlement agreement with the insurance company, you may still have the ability to file a lawsuit. If you do so, it must be filed before your state’s statute of limitations lapses . The clock starts running on the date of the accident, but there are situations where a statute of limitations might be extended or not apply.
This varies by state and an attorney can determine if it might apply to your case. Getting compensated for injuries and damages to your car isn’t easy. Simplify the process by working with an experienced car accident attorney who can advocate on your behalf.
Get started with a free no-obligation case review . Legal Disclaimer: This article contains general legal information but does not constitute professional legal advice for your particular situation and should not be interpreted as creating an attorney-client relationship. If you have legal questions, you should seek the advice of an attorney licensed in your jurisdiction.
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From: motor1
URL: https://www.motor1.com/reviews/592430/car-crash-claim-process/
