Life can get very complicated in the aftermath of a car accident.
Questions about injuries, car repairs, talking to the police, and
filing an insurance claim — not to mention the scare-induced
adrenaline rush — bombard your senses and can leave you incapable
of making a clear decision. That's why it pays to know ahead of
time how to deal with insurers after a car crash.
Just the facts, ma'am
The first thing to do at the crash site is to determine the extent
of driver and passenger injuries. If the accident is a fender
bender, emergency medical care might not be necessary. However,
when in doubt, call an ambulance.
If your first phone call was to emergency care providers, your
second call should be to the police. The police will advise you
whether it's required to move the crashed vehicles from moving
traffic, and an investigating officer will take statements of the
drivers and passengers involved.
Even if the facts of the accident are embarrassing or detrimental
to you, tell the truth. If you alter your story down the road or
you don't disclose pertinent facts, the insurance companies
involved will find out. That could come back to haunt you; the
insurer can deny coverage or shift more fault to you.
A Picture is worth a thousand words!
Many insurance company suggest--and a few even provide--single use
cameras to carry in your car. After an accident, a set of pictures
of both vehicles can protect you from a claim by the other party
that the damage to their car was more extensive than you reported.
Also, the pictures can help you with your own insurance company in
documenting the damage to your vehicle.
Who to call?
Your auto insurance policy requires you to inform your insurer
when you've been involved in an accident. As soon as you are able,
you must call your insurer and file an accident report. You also
should notify the other driver's insurer of the accident. The
insurance companies involved will then begin an investigation of
the accident in order to determine who's at fault.
Independent agents are a different story. They often are able to
"go to bat" for you with the insurance company claims adjuster
because insurers more and more are looking to independent agents
to sell their products, and the insurers are not interested in
souring a relationship with an independent agent over one claim.
Medical and car care
You have every right to seek what you deem as appropriate medical
care. An auto insurer cannot direct you to a certain medical care
provider unless you've signed for a preferred provider
organization discount. Keep in mind, however, that embellishing
your medical bills or seeking unnecessary treatment raises red
flags for insurers: Be prepared for a letter from the insurer
saying it won't pay all of the medical expenses if you've sought
extensive treatment for a minor injury.
In addition, don't give up your right to choose an auto-repair
facility. Finding a repair shop that performs quality work
independent of insurers can save you the hassle of haggling over
repairs or procedures not performed at insurance company
direct-repair shops (DRP). While many DRPs no doubt perform
quality repairs, they sign agreements with insurers to give
discounts on parts, labor, and procedures in exchange for a steady
stream of crashed cars. In short, the DRP might not be acting in
your best interest.
Do you need an attorney?
Hiring a lawyer is not required after you've crashed into someone,
but there are a couple of scenarios in which seeking legal counsel
is a good idea. If you've been seriously injured in the accident,
you'll probably want a lawyer to help keep the lines of
communication open between you and the insurance company and help
you receive a fair settlement.
Proving to another driver's insurer that its policyholder caused
the accident might require the services of an attorney, as well.
In order to prove the other driver is at fault, you have to show
what the rules of the road are in the accident scenario, that the
other driver disobeyed the rules of the road, that the driver's
disobedience caused the accident, and that the accident caused
harm to you or damage to your car. That might seem simple, but it
requires substantial time, research, and knowledge of the law.
Three-point plan
The critical points to remember to ensure a smooth insurance claim
after an accident are:
1. Be honest with your insurer and the other insurers
involved, even if the facts of the accident seem to weigh against
you.
2. Know where you are going for medical treatment and car
repairs.
3. Obtain as many documents as possible to avoid surcharges
or problems getting insurance in the future
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