How to File a Personal Injury Loss With Auto Insurance
Suffering injuries in an auto accident becomes even worse when the other driver's auto insurance policy has coverage limits that do not fully compensate you for your injuries. However, your personal-injury loss does not necessarily have to go uncompensated. The majority of states permit underinsured motorist coverage in auto insurance policies for these types of situations. If you have such coverage in your policy, you can file a claim with your auto insurer for your personal-injury loss that is not recoverable from the other driver.
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Instructions
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Gather information at the accident regarding the other driver's identifying information and insurance information. Obtain a copy of any accident report prepared by law enforcement as soon as it is available.
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Notify your insurance company about the accident, even though you are not at fault, and notify the other driver's insurance company that you want to start the process to make a claim for your injuries suffered in the accident. Take notes of all conversations with insurance company representatives.
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Calculate your personal injury loss by adding the costs of all your medical bills (including services, medication and equipment), along with your lost wages (include any sick time or vacation time you used because of your injuries) and pain and suffering damages. A fairly common way to determine the amount of your pain and suffering is to multiple the totals of your medical bills and wage loss by three.
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Send a demand letter to the other driver's insurance company that states your evidence indicating you were not at fault for the accident (cite the accident report), that specifies the amount of your personal injury loss you calculated; and that demands full payment as compensation for your loss.
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Send a demand letter to your insurance company indicating that the other driver's policy limits were not high enough to compensate you for your entire personal injury loss and request payment for the uncompensated balance of your loss pursuant to the underinsured motorist coverage in your policy.
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Tips & Warnings
Most states prohibit auto insurance premium increases if you are not at fault in an accident, so do not hesitate to make a claim against your insurance company if you have underinsured motorist coverage.
Your insurance company's interests may be contrary to your interests when you file a claim for underinsured motorist coverage. You should probably consult with an attorney before doing so.
If you have uninsured motorist coverage in your policy, you may be covered for an underinsured motorist as well because some states require these coverages to be sold together.
Until you have a complete understanding of your underinsured motorist coverage after the accident occurred, do not provide your insurance company's adjuster with any written statements or consent to record telephone conversations. Such statements could be used against you when you demand payment pursuant to your underinsured motorist coverage.
