Burlington, New Jersey resident Christin Walker drives carefully. She demonstrated this by driving a school bus full of occasionally rowdy and noisy kids on both rural and urban streets for 22 years.
However, poor driving might still result in accidents. Her used 2006 Honda Civic was damaged and smashed by a hit-and-run driver who, according to the police report, sped past a red light little over a week after she bought it. Walker feels fortunate that she was not harmed. Less than a month later, the pedestrian was killed in another accident involving that same driver.
The concerns include the fact that she still hasn’t received a compensation from any insurance company, that she doesn’t own a car, and that she still owes money on the Honda that is currently rusting away in a recycling center. She becomes so irate that she files a claim with the car’s insurance company.
Walker is not alone herself if she decides to file an insurance claim. Approximately 6 million police reports of crashes occur in the United States each year, according per the National Highway Traffic Safety Administration. Every year, around 3 million individuals are killed or seriously injured in these auto accidents, which results in a massive volume of insurance claims and litigation.
Bringing an Insurance Suit Against Another Person
In the most straightforward case, you will file a claim against the other person’s liability insurance if they collide with you. You are the third party to the other driver and their insurance provider, which is why this is known as a third-party claim.
The claim will be handled by the other person’s insurance, but don’t expect a prompt settlement. If the insurer wants to be confident that their customer was really at fault for the accident, they may want to look into it.
Taking Care of the Issue with Your Own Insurance
If only filing insurance claims were easy, though, we could all claim to be experts in the field. Furthermore, it’s normal to believe that the person who caused the disaster should bear responsibility for their actions. Even if someone else collided into you, there are situations in which you may need to use your own auto insurance. Here’s how it might occur.
First scenario: faultless states
You always file injury claims on your own insurance first in jurisdictions where no-fault insurance regulations are in place. For this reason, personal injury protection (PIP) insurance is mandated in certain states. Each state outlines the requirements before you can file a lawsuit against another motorist. When an automobile accident occurs in a no-fault state, it is typically necessary for there to be significant harm or death before suing the other party. (In most cases, claims for property damage can still be filed under the other party’s liability insurance.) PIP and medical payments (MedPay), a comparable type of coverage, are frequently offered in states lacking no-fault legislation. You and your passengers’ injury claims can be made using them.
Scenario No. 2: An inadequately insured motorist
What happens if the driver’s insurance is insufficient to pay for injuries they inflict to other people in an accident? Even though you may still suit them for the balance, it might not be worthwhile if they have no assets. If you have underinsured motorist coverage, one choice is to use it. When the other motorist doesn’t have enough insurance, it can pay for medical expenses.r
Situation No. 3: Ignoring the situation
Rather than interacting with the other person’s insurance provider, you may choose to use your own insurance for vehicle damage. You can use your collision insurance to cover other people’s vehicles that are damaged. The drawback is that the amount of your collision deductible will be subtracted from your insurance payout. If your insurance company pursues reimbursement from the other person’s insurer, you may be eligible to receive your deductible amount back at a later time. You may also use your rental reimbursement coverage to pay for a rental while your car is being repaired in order to file a collision claim.
Situation #4: Being unable to pay off a car loan balance
Whether you’re utilizing your own collision insurance or filing a liability claim against another party, your insurance should pay you for the car’s market value if yours was totaled in the crash. Therefore, the issue is still not resolved. It’s possible that you will eventually owe more on a car loan or lease than the vehicle is worth. This may occur, for instance, if the majority of the automobile’s cost was borrowed or if your car has depreciated rapidly. In any event, the difference between the insurance payout and the remaining loan or lease balance may be covered by gap insurance.
Alternatively, you could file a lawsuit.
Hiring an attorney and suing the other driver is another method to obtain compensation. In the event that the other individual begins pointing fingers at you, you might need to assist in proving that they were at fault. Documents like a police report, pictures taken at the site, and the contact details of any witnesses will help establish your innocence. Should you have a verifiable case and the potential payout for a car accident be little, perhaps $3,000, you may choose to file a small claims lawsuit against the other motorist. The majority of municipal governments have some sort of small claims court, while the laws vary by state. There are often reasonable filing fees and a month or two of waiting for a hearing. The other motorist, the claims adjuster for the insurance company, and anybody else who might have been involved in the collision are among the witnesses you have the right to subpoena. Make sure you have verified quotes for the cost of repairs available, along with all of your information. The benefit of this procedure is that it compels the insurance provider of the other party to appear in court with a representative and any witnesses required to support its position or contest the lawsuit’s amount. This may result in settlement negotiations.
At the Accident Scene
At the scene of the accident, you should take steps to protect your right to sue another party. An accident checklist can be useful in helping you collect the necessary data.
Please check on yourself and be careful.
The first thing to do after being in an automobile accident is to take a step back, collect yourself, and check sure neither you nor your passengers are hurt. Even in cases of bumper bumps, soft tissue injuries are a worry, and injuries increase the risk of an insurance claim being denied. Even in the unlikely event that no one is hurt, the accident will nonetheless be distressing for both or all people involved. In the inevitable exchange of driver information, try to keep your own and their road anger to a minimum. If you can, stop your vehicle in a safe location. Avoid standing on a busy or fast-moving road unless absolutely necessary. And if at all feasible, wait for the police while staying in the car and calling 911.
Information sharing
Make sure the other driver or drivers receive the documentation they require in order to file a claim, and that you do as well, if they are reasonable. Really, the only thing someone else needs is the insurance information from your insurance ID card. You can print off a car accident checklist and store it in the glove box, or many insurance companies offer one on their smartphone apps.
Take pictures
Your cell phone is your most important tool in the event of an auto collision. Take images of: harm to your vehicle as well as the other involved cars License plates road conditions, such as snow, rain, or ice Anything else that could be a factor, including road signs and neighboring intersections ID cards for other drivers’ insurance The timestamp and date stamp of the pictures should be recorded by your phone. Any witnesses’ names and phone numbers should also be included.
Obtain information about police officers.
The name and badge number of the responding police officer may be illegibly written on whatever document you get, so be sure to confirm it. As soon as the police report is filed, get a copy and make sure it is accurate.
Speak with your insurance provider.
It doesn’t matter who was at fault—get in touch with your insurer right away. Since many insurers allow you to file claims using their mobile apps, technology may again be able to help you in this situation. Industry group the Insurance Information Institute’s vice president Loretta Worters says, “Make sure to submit the claim within your insurer’s time limit.” “Ask your insurer if your policy has a time limit for submitting bills, resolving claims disputes, and submitting additional information.” “Deadlines for filing vehicle damage claims are typically 30 days.”
Typical Reasons for Denials of Auto Claims
The procedure for filing auto insurance claims can occasionally be incredibly frustrating. Reasons for denying claims frequently include:
The mishap may have been prevented or avoided.
If the insurance provider believes the accident could have been prevented—for instance, by allowing an unauthorized driver to operate your car—they may reject your claim. You failed to timely file a claim. Insurance companies want their clients to submit their claims as quickly as they can. Furthermore, it seems sense to act now, before the accident witnesses have vanished or the damage has been obscured. States have the authority to impose strict time limits on filing claims, ranging from one to twenty years. postponing medical attention It’s possible that you be unaware of the full degree of your injuries just after an accident. However, if you put off getting medical attention for your injuries for an extended period of time, the insurance provider can become skeptical of the claim and launch an inquiry or possibly deny it. Following an accident, it’s critical to record the details. If you’re not sure what happened, don’t try to guess or choose to assign blame there. It is not appropriate to be chatty during the claims procedure either. Refrain from sharing excessive details as it may affect the result of your claim.