Auto Insurance Rights in an Accident

You have been involved in a car accident. This is the first time. You are in shock. You reach for your cell phone, wanting to call someone for help, but don't know who to call. You don't know what to do. This article walks you through what to do in the event you are in an accident and what your rights are with the insurance companies.

Get the information

Gather information. If the collision was more than $500 worth of damage to any one vehicle, the police should be called. A police report will be written up, listing the parties involved, their contact information and insurance information. The responsible driver will likely get cited. The facts of how the collision occurred will also be recorded.

Report the claim to a third party

Immediately report the accident to the responsible driver's insurance company. This company is referred to as the "third party." The insurance adjuster will be very pleasant with you, hoping you will you divulge any and all facts and admissions that may compromise your claim. Do not play her game. Simply state that you were hit and injured if you were. You should then seek the advice of a lawyer at a free consultation for further guidance on your case.
If the third party admits liability, they will send out a field examiner to photograph your damaged vehicle and do a vehicle repair estimate.

Report the claim to first party

Call your insurance company and open up a Personal Injury Protection (PIP) claim if you have this coverage on your vehicle. PIP is no-fault coverage. In Washington state, the available limits are either $10,000 or $35,000. PIP will pay for your medical bills, lost wages and other expenses, regardless of who caused the accident.
PIP owes you a duty of good faith and fair dealing. PIP will ask you to sign a medical release, authorizing it to collect your records and bills. It should timely process all medical bills for treatment that was reasonable, necessary and related to the accident.
The PIP adjuster will likely ask for your recorded statement--give a detailed one. The adjuster may also send someone out to photograph your damaged vehicle.

What to do with an uninsured driver

Protect yourself from uninsured drivers. If you purchased uninsured motorist (UM) coverage on your vehicle and the other driver was uninsured, then you should promptly open up a UM claim.
The UM adjuster should be separate from the PIP adjuster, so you ensure fair dealing and proper handling of your claims.

Good faith

Your auto insurance company must uphold your best interest. If it is unreasonably denying, defending or delaying your claim, you should consider filing a complaint with your state's office of the insurance commissioner.

References

• Washington State Office of the Insurance Commissioner