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How to file a car insurance claim

Updated: Apr 3, 2023

When it comes to car insurance, we tend to forget about it until we actually need it. After a car crash, your insurance becomes one of the most important things you can have. That is why your car accident attorneys wanted to provide you with some steps you can take when filing a car insurance and personal injury claim.


What to expect…

When you are filing an insurance claim after a car crash, it is important to know how your coverage works. If you have this knowledge, then you can have a much smoother conversation and know what is going to be asked of you. This also helps you know what deductibles you need to pay to fix your vehicle and the length of time you have to actually file the claim.


You can also get assistance on making the claim from a car accident lawyer, who will be able to help you navigate the process and tell you exactly what should be said.


Steps to filing an insurance claim by our car accident lawyer

1. Follow usual protocol

After a car crash follow usual protocol for any personal injury case such as checking for injuries and calling the police.

The police officers on the scene will probably ask for a recollection of the events that occurred and then create a police report based on that information, your insurance company is going to want that report.


2. Gather information

  • Taking photos of the scene: it is important to show the condition of the vehicle before it leaves the area.

  • Getting the information of the police officer on site: This is always good information to have so that later on when you are trying to get the police report.

  • Keep the receipts: if a towing company was involved or some sort of roadside assistance, make sure to keep a record of those receipts. If you show them to your car accident lawyer, you may be reimbursed based on your coverage.

  • Do not admit fault: if you admit this on scene, that information can be used against you. Let the officials on the scene determine that.

  • Get the other person’s information: write down their contact information, insurance and policy number, and the names of other passengers involved. It is also important to notate any witnesses.

3. Contact YOUR insurance

After you have tended to your injuries and gotten home safely. Call your insurance company to get your car accident case reported. Remember to only give basic details and not to go too far with your description.

During that initial call, your insurance will try to determine who is responsible for the damages.


4. Getting your vehicle repaired

The first thing that is going to happen post an accident is determining the best way to repair and move the vehicle from the scene. If it is drivable, you will drive it home and if not, then a towing company will move the vehicle for you. Your vehicle will then be appraised by an insurance claim adjuster and they will evaluate the damages and whether it can be repaired.

  • Repairs: If the vehicle can be repaired, the adjuster will prepare an estimate for repair cost, how they will pay for the repairs, and the approved body shops they have. You can elect your own body shop to process the repairs, but your company ultimately has to approve it.

  • Replacing your vehicle: In some cases, the insurance company may decide your vehicle is beyond repair and deem it a total loss. In this situation, the insurance company may compensate you for the actual cash value of the vehicle at the time of the car crash.

  • Rentals: some policies cover a rental car while your car is being repaired, but you will have to check your policy to ensure it is covered.

The types of insurance coverage involved in car accident case

When you file a car accident claim, you are actually filling a claim that involves numerous different types of insurance coverages, such as:


Comprehensive insurance:

This type of coverage is enacted when something other than a collision causes the damage, such as a tree, fire, or vandalism.


Liability insurance:

This coverage comes into play when a car crash happens due to the negligence of another driver.


Collision insurance:

If you are deemed the responsible party after a car crash, then this coverage is enacted.


This insurance is used when the other driver is the negligent party and doesn’t have a policy to cover the damages caused.


All of these types of insurance may be used after an accident. Yet it's important to analyze your situation and then determine which coverage may be used to help you with your claim. If you hire a car accident attorney, they may be able to help you with your claim and which coverages may apply to your case.


How does fault affect my car accident case?

The negligent party in a car accident claim is important because it determines who is responsible for covering the damages. Your insurance adjuster will conduct an investigation after a claim is filed to establish who the at fault party is.

It is also possible in some serious car accident cases, such as a multiple car accident, for more than one person to be responsible for the accident.


Types of claims related to car accidents

There are two main types of claims in any car accident. When you hire a car accident attorney, they handle all the claims you are making. These types of claims are:


Property Damage Claim:


The damage to your vehicle is considered property damage.


That is why, during this portion of your claim, your insurance will usually walk you through the repair process.


Bodily Injury Claim


After an accident, you may have suffered some serious injuries and need to tend to them as soon as possible. In most cases, when it comes to these types of medical bills, your provider will directly bill your insurance.


If you sustained serious injuries, you may want to contact a car accident attorney, they will be able to help you with your case and reach a fair settlement.


In order to form a strong case, your car accident lawyers will need access to the medical records you have proving your injury.


Why did my insurance deny my claim?

If your claim has been rejected, there are a multitude of reasons as to why that could be according to our experienced attorneys.


Reason#1: You did not operate within the time limits of the law

As the law states, you have a certain timeframe in which you can file a claim. If you did not file it as soon as possible, your insurer can get angered and deny the claim. The legal team at Demesmin and Dover Law Firm always advises filing the claim sooner rather than later.


This ensures you're within the statute of limitations and that all witnesses are present for your lawyer to properly handle your case and get you the settlement you deserve.


Reason #2: Delaying medical attention.

As is stated in all materials relating to an auto accident, always check on yourself to ensure you did not sustain any injuries. If you did sustain an injury, it is extremely important to seek medical attention as soon as possible.


If you are concerned about having to pay for those medical bills, do not fret because your PIP coverage will take care of the first $10,000, that means there should be no out-of-pocket money paid.


If you were injured due to the negligence of another, you can always call the car accident lawyers at Demesmin and Dover Law Firm. They will help you to get the settlement you deserve for your case, so call today for your free consultation.


What can an accident lawyer do for my case?

When dealing with the other party or insurance companies after a car crash, it can be extremely difficult to manage. A lot of the time, the other person's insurance will try to give you a settlement immediately.


If you call a car accident lawyer, they can help ensure you don't agree to a low settlement. After any car accident, it is a smart idea to have experienced accident lawyers on your side fight for the compensation you deserve.


In partnership with an experienced car accident lawyer, handling your claim is so important. They have experienced lawyers who are able to make an impact on how your case is handled and what settlement you will receive.


Call the legal team at Demesmin and Dover Law Firm at 866-954-MORE (6673) for your free consultation today!


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