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Car Accident Claims Process

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David is awesome! Settled my case quickly and is definitely the right man for the job. Highly recommended.”

Rich H., Client

When you experience a car accident, the physical and emotional impact can be severe. You may have serious injuries and emotional trauma. Also, your car needs repair or replacement and that means leaving you without necessary transportation. While dealing with all of that, you’re now facing the complicated car accident claims process.

David I. Fuchs, Injury & Accident Lawyer, P.A. understands what you are going through after a car accident. Because Attorney Fuchs has more than three decades protecting the rights of accident victims, he will walk you through the insurance claims process, the potential outcomes, and possible compensation for your injuries. He’ll handle the insurance companies, while you focus on healing.

What Does the Claims Process Entail?

Notice:

The insurance claims process starts when you file a claim with your insurance company. You should call a car accident lawyer, and a claim should be filed by your attorney as soon as possible after the accident. The number of days in which you must do so can be found in your policy.

Remember, even when the accident is the fault of someone else’s negligence, the process always starts with notice of the crash to your insurer. The best way to notify your insurer is to call an attorney and have them notify your insurance company. Your attorney will also provide notice to the at-fault driver’s insurance company.

Documentation Request:

Once a claim is made, the insurer is likely to ask for documentation related to your damages. These documents could include medical records and bills. While you want to provide records related to the accident, don’t sign a general waiver for your entire medical file.

Insurance companies are looking to limit how much you receive for your injuries. One way they do this is through medical records. Any attempt by your insurer to do this should be handled by a personal injury attorney.

Other documents likely requested will include:

  • Accident/Police Report
  • Witness Statements
  • Pictures/Video of Injuries
  • Pictures/Video of Property Damage
  • Pictures/Video of the Accident Scene
  • Estimates of Vehicle Damage
  • Medical Bills
  • Receipts for expense related to medical care (meals, lodging, mileage)

BUT NEVER GIVE, even if requested, your recorded or written statement of the accident. You could inadvertently harm your claim for the compensation you deserve.

Investigation:

While the insurance company is investigating your claim, you want to be very careful. Claims adjusters are not your friends no matter how nice and caring they may come across. Their goal is to save the insurance company money. Don’t let them bully you into making a statement against your interests or agree to a “quick” settlement.

Beware of paperwork you are requested to sign. Read if very carefully. Never accept any check from an insurer that says “final payment” unless you’ve received legal advice, or you are certain of your actions. Same goes with waivers and releases. These documents are legally binding and can undermine your legitimate claims. Never sign without advice of your personal injury counsel.

Claim Payment:

In a perfect world, the insurance companies would offer a fair and reasonable amount to compensate you for your damages, physical and property, you agree, accept a check, and then you sign a release of further claims.

But in the real world, rarely will you receive the amount you deserve. At that point, the process heads to negotiation of a settlement. If that is unsuccessful, the matter may have to go to court for resolution.

But Do You Really Need a Lawyer?

You need the expertise of a personal injury lawyer if you’ve been in a crash. Remember that when insurance companies get involved, they are not working for your best interests. They are watching the bottom line. The only way to be sure you received the compensation you deserve is to have an attorney like David I. Fuchs on your side.

While insurance claims processes are mostly uniform nationwide, insurance matters are regulated by the state where your accident occurred. It can be confusing and failing to follow legal requirements might end in your claim being denied. That’s why a personal injury attorney can be invaluable.

Once you’ve hired a lawyer, he can work to settle your claim with the insurance company to provide a swift resolution that allows you to concentrate on recovery of your injuries and repair or replacement of your vehicle. An attorney knows what you are entitled to for your damages and if you are unable to settled, can take your matter to trial. If the case goes to court, your personal injury lawyer will gather evidence and prepare you to testify.