Auto Insurance Claim: Legal FAQ's and Advice

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When you are involved in an automobile accident, you might be surprised to find that your car insurance carrier may not immediately provide you with the advice and/or coverage that you believe you should receive.  When filing an auto insurance claim, there are several legal factors to consider.  To be prepared and to make sure your rights are protected, you will want to research the answers to some auto insurance claim FAQ and you will also want to get professional help.

Auto Insurance Frequently Asked Questions

  • Is my state a fault or no fault state? In no fault states, your coverage for less-serious injuries may be restricted to lost wages and medical bills provided by your own insurance in the form of personal injury protection coverage (PIP). In fault states, the person who was responsible should pay for the accident through his liability insurance policy.
  • When should I contact my insurance company? Contacting your insurance carrier as soon as you are involved in an accident or you are injured is very important if you want to have your interests protected.  You should call your insurance agent after you return from the accident, even before you see a physician for your injuries. 
  • Do I really understand my coverage? To get your insurance company to assist you with your claims, you should closely examine and clearly comprehend your coverage, deductibles, etc. on your particular policy.  Have an agent walk you through the details, even before an accident occurs, to help protect your rights.  Consider also whether or not you have more than one policy.  For example, you may have additional coverage for your accident other another policy, including “umbrella” policies, etc. 
  • What if I am getting the runaround with my insurer? It is critical that you have detailed records of each of your exchanges with your car insurance company during this claim period.  Write down the dates, questions, answers, and the names of the insurance representative you speak with, each time you communicate with them.  Keeping copious, detailed notes will help you keep a timeline of events, and hold your insurer accountable down the road.  Also keeping records and photographs of your accident, your car’s damage, and your own injuries will help you make your auto accident claims stick. 
  • What if I am afraid the insurer won’t cover my claim, or will make the process harder? When filing auto insurance claims, it is CRITICAL that you tell the truth about every detail.  Cutting corners, misrepresenting facts, or outright lying about your accident can leave with you no more policy, or can get your entire claim thrown out. 
  • What if they are pressuring me to sign? You must not agree to signing anything your insurer urges you to sign until you are certain you have clearly understood your policy.  Do not sign off on agreements, final insurance payments, etc. without clearly comprehending what you are being offered.   

Getting Help

After a car accident, you may consider consulting with an attorney to protect your rights after an automobile accident, and to help you file your auto insurance claim. Your lawyer can answer any and all questions you have about your legal rights in your state and about what you should do to recover the damages owed to you in light of the cause of your accident and the nature of your injuries. Your lawyer can also help you to talk to the insurance company and to file a lawsuit if necessary to truly recover all that you are owed.

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