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How to Deal with a Winter Car Accident

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By Hector Quiroga
User-Submitted Article
(1 Ratings)
Car Accident in the Winter
Car Accident in the Winter

Being in a winter car accident can be a sour experience. It is the busiest time of the year for insurance companies. Claim adjusters will be handling over five different accidents per day, bodyshop are at full capacity, and to make matters worse, rental car companies have a very hard time keeping up with the demand of people in your circumstances.
The amount of work these places handle is not the only factor that changes for any given winter car accident. The way that insurance companies (and judges) look at your claim or case also changes. There are laws that only apply to winter driving condition and winter roads. Here are a few steps to keep on mind if you had crash during the winter season.

Difficulty: Moderately Easy
Instructions

Things You'll Need:

  • Police Report
  • Location of your vehicle
  • Where the vehicle was towed to
  1. Step 1
    Check your state code
    Check your state code

    Check your state regulations code. Driving laws change with the season. Your state might require you to have your lights on at earlier times of the day. They might require you to have snow tires, or even chains during certain times of the year or in different sections of specific roads. Some of these regulations can put you automatically at fault if you did not follow them, some might put fault on the other driver.

  2. Step 2
    Be proactive
    Be proactive

    Be proactive. As noted above, winter season is very busy for insurance companies. They will not have as much time as they usually do to fully investigate your claim. They will want to get your statement, inspect your car, and pay the claim as soon as they can. However, they cannot do that if for example you do not know where your vehicle was towed to. It is important that you collect as much information as you can and give it to your adjuster. They will greatly appreciate it and will help speed up the claim processing time.

  3. Step 3
    Recorded Statements
    Recorded Statements

    The adjuster will want a recorded statement. Some attorneys caution against you giving any recording to anyone, however, if you decide to go ahead and comply with your insurance company request, be extra careful with what you say. During a winter car accident, adjusters will be very zealous about getting you to admit to "mistakes" or to things that could be construed as negligence. They will be asking if your lights were on, and if you had the defrost function on. If there is a statute that requires you to do that, then the adjuster will make you partially or completely at fault for the accident.

  4. Step 4
    File a claim
    File a claim

    File the claim as soon as you can. Call your insurance company claims department and file a claim. Most insurance companies have 24 hours service for filing claims. Call them as soon as you can so you get the process started. In that call, it is important that you ask which rental companies are approved by your insurance company. Most insurance companies have their systems tied to the systems of rental companies. If you request a rental car, your insurance company will be able to see it and approve payment directly.

  5. Step 5
    Call the rental car company
    Call the rental car company

    Call the approved rental company and reserve a vehicle. If your car will be on the shop for more than a day, which in any winter car accident is very common, you will be looking for rides, taking the bus, or finding some other way to work. It is critical that you reserve a rental car as soon as possible. If you delay this step, you could en up waiting couple of days without a car.

  6. Step 6
    Call often
    Call often

    Call your insurance company often. Give your insurance adjuster as much information as you can (not in a recording) and follow up often. This is the only way to ensure that your claim does not follow through the cracks.

Tips & Warnings
  • If you have questions, ask your insurance adjuster. They have a duty to you
  • Make sure that everything is clear and if it is not, ask for clarification in writing- email is the fastest medium
  • Always consult with an attorney if you have any questions about your claim

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