How to Make Their Insurance Company Pay Your Injury Claim
If you were involved in an automobile accident but were not at fault, whether it was a major accident or a fender-bender, you may think that the liability insurance of the at-fault driver will step up and pay all your claims automatically. This may or may not happen, since the company is not looking out for your interests as much as its own and those of their insured, but there are things you can do to help ensure that their company will make fair payment on your claim.
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Instructions
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What to do
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Check for injuries, and call the police to report the accident, whether or not you think there is any damage.
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Exchange names, addresses, phone numbers, license plate numbers, and insurance information with the other drivers. Don't move any vehicles or disturb any evidence at the scene.
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Gather information at the accident scene. If you have a camera, take pictures of the position of the vehicles, the damage sustained, and even skid marks on the road. If you don't have a camera with you, drawing a simple diagram may be helpful.
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Don't sign anything except the police report. This includes statements acknowledging fault, promising that you will release others from liability, or promising to pay for the damages.
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Call your insurance company right away. Even if you are not at fault, this is your responsibility, and failure to do so may affect how your claim is handled. After giving notice to your company, you should hear back within two or three days. If you don't, contact your state insurance department.
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Notify your state motor-vehicle department if there has been injury, or if the damages exceed a fixed amount, which varies by state. Failure to do so may result in suspension of your driver's license.
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Don't fix your car until the insurance company adjuster has finished his inspection. Many insurance companies require that you get two or three written estimates from automotive body shops before they will authorize having the work done.
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File your claim promptly, and document it as thoroughly as possible, including photographs, receipts, diagrams, and anything else that will help illustrate the damage.
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Seek medical treatment right away, even if you do not think you are injured. In addition to the property damage to your vehicle, you may also have a claim for physical injury, pain and suffering, and loss of earnings. It may be best to seek the advice of a personal injury attorney before you settle any claims with the liability carrier.
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Tips & Warnings
Fill out claim forms carefully, and if the insurance company requests more information, respond immediately. Be courteous and cooperative when dealing with the liability insurance company; politeness can go a long way in getting your claim paid.
Don't be pressured to settle the claim prematurely. Watch out for bad-faith negotiating tactics on the part of the liability insurance company. Don't minimize or exaggerate your injuries.
References
Resources
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