Want to file a personal injury insurance claim after a car accident? Here's a quick look at how an injury lawyer can help you.
File Your Accident Claim Quickly With an Injury Lawyer
Recent statistics reveal 6,756,000 motor vehicle crashes with a police report in just one year. 33,244 of those crashes involved death. Estimates suggest that approximately two million drivers involved in an auto collision yearly will sustain permanent injuries.
When you are involved in a collision, making an accident claim as soon as possible is critical to ensuring you receive the compensation you need quickly. Repair bills, medical bills, and lost wages can all add up quickly, so there is no time to delay.
You can file a claim with an insurance company without an attorney, but the insurance company will likely try to lowball you an offer. Working with a professional injury lawyer will get you the best offer.
According to accident law, here is the best way to receive a prompt resolution.
Why Hire a Lawyer For an Accident Claim?
When an accident occurs, you may be due compensation. Depending on the circumstances, compensation may come from your insurance or the insurance company of the individual responsible for the accident. The first important step toward a resolution is to hire a lawyer.
The timeline to file your claim is critical; hiring an injury attorney can speed up the process. Having an advocate with experience on your side at a time like this is essential.
Remember that insurance companies are businesses, and if they can get out of paying you for your accident, they will. Insurance companies will take advantage of any loophole they can find. That is why having an injury lawyer with vast experience dealing with insurance companies is best.
When Must You File Your Claim?
First, you will want to file your claim with the insurance company. You may need to file a lawsuit if you cannot resolve the matter with an insurance claim.
Individual companies can set their timeline for when you must file an accident claim in most states. Many insurance companies do not even put a specific timeline, such as 90 days from the accident date. Instead, they use the word “prompt” filing or state that you must file your claim “within a reasonable time.”
The best thing to do is to check the individual’s policy. See if this specific policy has a set timeline. You want to know their cut-off time because an insurance company could deny your claim for an accident if they cannot assess the specific damage or what was caused by the collision.
Although, from a legal standpoint, if you delay your claim and the insurance company denies it, they would also need proof that the delay harmed the insurer somehow. Otherwise, they would need evidence that the time delay caused prejudice toward your claim.
The deadline for an accident claim with the insurance company is different from the deadline to file a lawsuit. The deadline to file a lawsuit varies by state.
Statute of Limitations
If you cannot get fair compensation from the insurance company, a professional injury lawyer will recommend planning for a lawsuit. To do this, you must follow the timeline closely, and not miss any deadlines or risk losing your case. Each state carries a statute of limitations, and you must file suit within your allotted time.
The statute of limitations is important. The reason for having one is that after this specific timeline, assessing the facts is too challenging and therefore, not fair to the ones involved in the case. When you file a lawsuit, you want to know that it is fair to all parties, including you.
While the timeline varies by state, you can consider this range. Louisiana and Tennessee have a statute of limitations on personal injury claims that limits case filings to one year, while in Maine and North Dakota, is as long as six years. On average, in most states, you can expect the statute of limitations to be between two and four years.
Why File Your Claim With Your Insurance Company ASAP
If you want to move forward quickly, you must file a claim no matter how long you have to do so. As this pedestrian accident lawyer will tell you, there are essential benefits to filing a claim immediately.
First, the information is fresh in your mind, so you can tell your story about what you have witnessed. Also, if you have witnesses, it will also be fresh in their minds. It is simpler to collect evidence.
If you can remember details more efficiently, this is tremendously helpful when proving the damage in your case. Delaying the claim can prove detrimental. You risk reaching past the deadline set forth by the insurance company or reaching past the statute of limitations.
Not to mention, the burden of having an accident unresolved will be taxing on you emotionally. You will feel better when you have a sense of closure.
Who Do You File an Accident Claim With?
The best way to get a prompt resolution is to file your claim with the correct party. Who you must file your claim with will depend on the state. It depends on who caused the accident and who caused the property damage and personal injury.
You must file an accident claim with your insurance company if it was your fault. You can seek compensation to cover the property damage and make proper repairs. If you have a personal injury, you must also file a claim with the insurance company for this.
However, if an accident occurs because of another driver, you must file your claim with their insurance company. You can file with third-party insurance independently, or your insurance company can help. You can recover compensation for the following:
- Emotional distress
- Lost wages
- Medical bill
- Pain and suffering
- Property damage
Although, the at-fault driver may not have enough insurance or may not carry car insurance at all. If this happens, you must file a claim with your insurance company. This could fall under your uninsured or underinsured coverage.
In this case, your insurance company must pay the compensation the at-fault driver should provide you.
Steps to File Your Accident Claim
Before you do anything, you must speak with an injury lawyer. Insurance companies are tricky, and the other party will not want to admit fault. Hiring an injury lawyer will protect your rights as you move forward.
Ask your attorney how long you have to file your claim. An attorney will help ensure you meet deadlines and make a speedy claim. Your injury lawyer will also help you decide which insurance company to contact, your insurance or the at-fault party's insurance.
Sometimes, your insurance may pursue compensation from the at-fault party’s insurance.
Provide your injury lawyer with your police report and any other evidence you may have, including witness statements. Your attorney will help you give this to the insurance company.
Communication With the Adjuster
You will need to speak to an insurance adjuster. Before you do, consult your injury lawyer. The adjuster will want to inspect your vehicle and ask about the accident.
The adjuster will have you seek a certified repair shop to assess damages. If you have injury reports and medical bills, the adjuster may ask you for this too.
You will need to wait for the adjuster to create a report. Your insurance company will offer a settlement. Consult your injury lawyer, and you can decide whether to accept or make a counteroffer.
Remember that insurance companies are businesses, so they are not in it to play the role of the “nice person” wanting to help you. Their main concern is their profits. That is why it is best to leave it in the hands of an injury lawyer who knows how to communicate with the insurance company and push for the best (or right) offer.
Don’t Wait and File Your Claim Quickly
This is how you can handle your accident claim. The most crucial detail to remember is speed. If you sustain an injury, it can be difficult to act quickly, especially when dealing with pain and emotional distress.
A personal injury lawyer can take care of everything for you. Pick up the phone to hire a lawyer as soon as possible, which will be the quickest path toward a resolution.
We want you to be safe and happy, so we publish articles like this every day. For the latest updates, don’t leave us! There are many developments in the world today, so keep clicking for more news and tips to help you be successful.