Getting involved in a car accident often results in physical and emotional pain, property damage, and unexpected costs to deal with the incident's repercussions. Another aggravating aspect of an automobile accident is filing an insurance claim. This process can be time-consuming, frustrating, and confusing, but having a seasoned personal injury lawyer can make a world of difference to ensure that your case is handled promptly and your claims are secured.
Here are the steps on how to file for an auto accident insurance claim in California:
Notify Insurance Carrier
One of the first administrative things to do after getting involved in a car accident would be to notify your insurance carrier of the incident. Most insurance companies have a 1-800 number to call to or through their website or app, to initiate an insurance claim.
Generally, people notify their auto insurer first regardless if they are at fault or not in a car accident. However, an uninsured driver can file a claim with the other party's insurance company if they believe the other party is at fault in the car accident.
Retain a Personal Injury Attorney
When filing a car accident claim, the next prudent step would be to seek the representation of an experienced attorney.
Although retaining an attorney is not mandatory, it is highly advisable to ensure that your rights and interests are adequately represented in your claim. After all, insurance adjusters are expected to look after the interest of the insurance company they work for, which may not be favorable to you.
Getting Assigned a Claims Adjuster
A claims adjuster is a person who works for your insurance and investigates claims to determine how much your insurer should pay for the damage or loss.
The first step for your insurance company to process the claim would be to assign a claims adjuster to your case, who will then contact you within 15 days of receiving notice of a claim by your insurer. The claims adjuster will typically reach out to you via phone or email.
Adjuster Conducts Their Investigation
The next step would be for the claims adjuster to start their investigation of your claim. During this time, you will be asked to provide statements, documents, and other relevant evidence they
deem necessary for your case. You would also be required to be examined by an Independent Medical Examiner, a doctor approved by the insurance company.
An issue may arise during the investigation if the claims adjuster finds any inconsistencies or did find any injuries or damages that are serious enough or connected to the accident. These issues may be based on what you said, the documents provided to them either by you or another party, or the findings of the independent medical examiner.
An advantage of having a lawyer represent you in your claim is that they can help assist the claim adjuster's investigation and facilitate the information provided to them. The attorney can also limit any issues by advising you on what to expect, how to handle the questions by the claim's adjuster, and examining the independent medical examiner.
Initial Settlement Offer
After the claim adjuster has concluded their investigation, they will render their initial settlement offer. This offer is expected to be on the lower end since the insurance company is not keen on giving more than it should. Your attorney can assess the initial settlement offer, discuss it with you, and send a demand letter to the claim adjuster to demand a higher settlement amount.
The claims adjuster can either accept, reject, or counter the demand letter. However, if your attorney has made excellent points, it opens the claim for negotiation.
Negotiation
As with any settlement, negotiation is key to fruitful resolution. During this time, you (or your representative) and the claims adjuster (representing the insurance company) will be locked in
For most people, negotiations can be emotionally and time-draining. Hence, it is highly advisable and practical to have an experienced attorney representing your case. Your lawyer will vigorously advocate for your interest and use their legal and negotiation skills to get you the most favorable settlement.
Settlement Agreement
After a mutually agreed upon number has been reached, the claim adjuster will present your lawyer with a settlement agreement for you to sign.
A settlement agreement is a document that contains the final settlement of your claim. This contract explicitly includes the negotiated amount and releasing the insurance company of any future litigation and liability regarding the accident.
Note that this article is not legal advice and that there are exceptions to the rules and information listed above. It is best to consult with an experienced attorney at Injury Compensation Law PC for a free consultation to discuss your case's facts and know your legal options.
