How to Deal With Your Insurance Company After They Paid for Another Car at Fault

Inspectors review all aspects of the accident.

Having an auto insurance company that deals with accident claims quickly allows you, the driver, to get your car fixed and deal with any medical costs associated with the accident without concern. However, not every state deals with accident fault in the same manner. Thirty-eight states are "fault states" to some degree or another. Fault states allow the innocent party to claim pain and suffering damages. The "no-fault states" are more efficient and cost-effective systems for companies but without personal claims. Whether you live in a fault or no-fault state determines how you deal with your insurance company.

Instructions

1. Determine whether you are a resident of a fault or no-fault state. The 12 no-fault states are Florida, Hawaii, Kansas, Kentucky, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Dakota, Pennsylvania and Utah. All others are fault states to some degree.

2. Provide your insurance claims adjuster with all information requested regarding your accident, post-accident medical expenses and any other losses associated with the accident. Offer any evidence from therapists or doctors of personal distress and emotional suffering related to the accident for those in fault states.

3. Ask your claims adjuster if you should get an attorney to file a personal lawsuit against the at-fault party. In some fault states, standards may require insurance companies to pay for pain and suffering. In some no-fault states, insurance statutes allow personal claim lawsuits measured by either a monetary or injury-degree thresholds. Your financial loss or injury severity must exceed the threshold before you are permitted to file a lawsuit.

4. Hire an attorney and sign a release allowing him full access to your insurance accident claim file and all loss records if your insurance company is unable to do any more for you based on state law. Your attorney will handle all further issues; most accident attorneys are paid upon settlement of financial awards; therefore, you should not have to pay anything until you get money from the other party.

References

• Free Advice: Fault and No-Fault Car Accidents
• Illinois Department of Insurance; Filing an Auto Claim with Another's Insurance Company; Sept. 2009
• AutoQuoteNow.com: How to Deal with Insurance Claims; Hayden Krueger