Car Accident and Insurance Claims: Do's and Don'ts

Auto Accident Do's and Don'ts

A car accident can permanently change your entire life in the blink of an eye. If you have been seriously injured in a car accident through no fault of your own, you deserve to recover compensation to help you recover from your injuries.

“I hear about people all the time that put their car accident claim at risk simply because they either failed to do something, or did something else that they shouldn’t have,” says Jonathan R. Mani, a Charleston, West Virginia car accident lawyer, “the best thing to do is be aware of the different thing you should and shouldn’t do after a car accident.”

The time period immediately following you car accident is the most important time concerning your car accident claim. After a car accident, you should:

a) Call the Authorities – The police will help sort out the situation and they will also create a police report about the car accident that will identify who they believe is at fault.

b) See a Doctor – Injuries often arise months after car accidents occur, so it is important that you see a doctor immediately to determine if you have suffered any injuries that you are unaware of.

c) Obtain Information – Get the contact information for all drivers, passenger, and witnesses of the car accident. Also, be sure to get the insurance information, VIN number, and license plate number of all the vehicles involved in the car accident.

d) Take Pictures – You should have a disposable camera in your car that you can use to take pictures of the car accident. You should take as many pictures as it takes to get a good representation of what occurred.

e) Call a Car Accident Attorney – An experienced car accident attorney will help you deal with the insurance companies and their adjusters, they will speak with the other drivers, and they will help you identify what injuries you have suffered from the car accident.

There are also certain things that you should absolutely AVOID after a car accident. After your car accident, you should not:

a) Admit Fault – Car accidents are confusing and complex, and you should never admit fault because after an investigation into the car accident circumstances, it may be shown that you were not actually at fault. By admitting fault, you may not be able to receive the appropriate compensation.

b) Leave the Scene – This is not only illegal, but even if you are not at fault for the car accident, you will drastically limit your ability to recover from your car accident claim.

c) Wait – Many people choose to wait for the insurance companies to contact them, or take their time to call an experienced car accident lawyer. This can severely impact the outcome of your car accident claim. If you have been involved in a car accident, it is important that you contact a car accident lawyer as soon as possible and get the ball rolling on your claim.

d) Sign Anything – If you are presented with any papers from your insurance company or the other driver’s insurance company, make sure you have an experienced car accident attorney review them before you sign anything. Signing the wrong papers may prevent your ability to recover from your car accident claim.

If you have been involved in a car accident, one of the most important things you can do to benefit your car accident claim is contact an experienced car accident attorney to help you file your claim and recover the compensation you deserve.

Auto Insurance Claims: Do's and Do'ts

If you are involved in an automobile accident, it is important that you maintain appropriate communication with your insurance company. Following are some "do's and don'ts" to remember throughout the insurance claims process.

I) Eight DO'S

1. Call your agent as soon as an accident or injury takes place. As soon as you get home from the car accident, or even before you go to the doctor, call your agent.

2. Review and understand your coverage before talking to your insurer or your agent. Read the "Coverage" and "Exclusion" sections of you policy in particular.

3. Take and keep detailed notes of all conversations with insurance company representatives, and get names, phone numbers, and job titles of people you speak with, including their supervisor's name.

4. Consider whether you might have insurance coverage under some other insurance policy as well. Many people have more than one policy that might cover a claim. In particular, look at homeowner policies, "umbrella" policies, and materials that came with your credit cards.

5. Take pictures, if possible, of damage to your vehicle, the accident scene, and your injuries.

6. Be honest and forthcoming with your insurer. Even if it is embarrassing, it is better if your insurer knows all the facts. Failing to be candid with your insurer might invalidate your policy or cause a denial of coverage.

7. Understand the difference between replacement coverage and depreciated or actual cash value. If your policy provides replacement coverage, don't settle a personal property loss for "actual cash value." You may be required to replace the lost items before getting your full reimbursement if you have replacement cost coverage.

8. Keep all receipts of meals, lodging, and purchases made in connection with time spent pursuing your claim or recovering from your injuries from the time of the covered event until final settlement with your insurance company.

II) Six DON'TS

1. DO NOT give any recorded or written statements to your insurer until you are sure you understand your coverage. Remember you are not required to allow the insurance company to record your telephone conversation. If you have doubts, do consult an attorney.

2. DO NOT automatically accept the estimate or appraisal of your losses given to you by the insurer. Insurance companies will often try to get you to accept their estimator's or contractor's repair or replacement estimates, which might be a bit low.

3. DO NOT sign any releases or waivers of any kind until you obtain legal advice. A bad financial situation after a major loss may make it seem necessary for you accept a premature, inadequate settlement from your insurer. But you may remember destroyed items after you have signed a release as to payment for your personal property inventory or other claims. For these reasons, it is advisable to consult an attorney before signing a release or waiver. Be sure to read the fine print on any payment from the insurance company.

4. DO NOT accept any check that says "final payment" unless you are ready to do so.

5. DO NOT ignore time limits set by your policy. Most policies require a signed proof of loss within a certain time limit. Be sure you comply with this requirement unless you obtain a written waiver from your insurance company. Many policies allow you only one year from the date of loss in which to bring a legal action if your claim has not been adjusted fairly. If your claim has not been settled to your satisfaction eleven months after your loss, consult an attorney immediately. A failure to do so could result in the loss of your right to sue.

6. DO NOT forget that you have a contract with your insurer. Your insurer has a legal obligation to provide the coverage it promised to you. Be insistent about enforcing that obligation.