In the confusion and stress that typically follow a car accident, it becomes easy to forget what's important, reducing your chances of success when making an insurance claim.
However, once you're conversant with the steps to take as a driver in an accident, you can carry them out as you should.
In this article, we guide you on all the things you are required to do if you're ever in an accident; whether it is a legal requirement, a convention that will strengthen your claim, or just something that your insurer may require. Following the steps discussed here will likely guarantee a quick and appropriate car accident insurance settlement.
So, if you’ve been in an accident, what should you do?
All states have specific legal requirements about drivers' obligation to stop after an accident. For instance, in Alaska, under Alaska Stat. § 28.35.050, drivers must stop when an accident results in death, injury, or property damage to an attended to or unattended vehicle.
In Delaware, under Del. Code tit. 21, § 4201, drivers are required to stop if there is apparent damage to property to make sure the other person is not dead or injured. They also need to stop if the car obstructs traffic. Tennessee’s Tenn. Code § 55-10-102 requires drivers involved in an accident to stop immediately.
In any case, stopping to check on yourself and the other driver is best practice. If you fail to, you may be charged with a hit and run.
Meanwhile, in Rhode Island, according to R.I. Gen. Laws §31-26-3, you should immediately contact state or local police for all accidents.
Regardless of state law, your best bet is to inform the police even if there’s no injury and the other party is present. This is because an official police report will significantly improve the chances of success for your insurance claims. And when you call the police, make sure to request that official report.
While for Texas, Tex. Transp. Code §550.023 asks drivers to share their names, addresses, vehicle registration numbers, and the name of their insurer.
Even if you are unsure of state law requirements, the best practice is exchanging names, addresses, registration numbers, and insurance information like the insurer's name, contact, and policy number. You will likely feel some annoyance or anger after an accident. But you must remain calm during this process to avoid worsening the situation.
Witnesses who can provide an unbiased third-party view of the events leading up to the accident are an invaluable asset, and you should make sure to get their names and contact information or address. If possible, you should also get them to sign a statement or video describing what they witnessed if it was a major accident.
So, to illustrate, instead of saying something like "I'm so sorry. Are you injured?” to the other driver, say "Are you injured?" As much as possible, do not discuss the causes of the accident with anyone on the scene until the authorities arrive.
A medical examination is essential because it could take weeks for things like concussions or internal bleeding to become evident, and the stress of being in an accident could trigger underlying medical conditions without your knowledge.
Unfortunately, however, if you delay seeking medical attention, it becomes more difficult to prove that your injury is because of the accident. And your insurers may try to use that to reduce your claim.
In New York, N.Y. Comp. Codes R. & Reg. tit. 11 § 65-1.1, specifies 30 days as the deadline for a written notice to your insurer under a no-fault coverage. If you are unsure of the timeframe within which you need to notify your insurer, doing it as soon as possible is better for your claim.
When speaking to your insurer, you'll likely have to provide information like your personal details (name, date of birth, social security number), vehicle information, policy number, and information regarding the accident including any damage you may have suffered.
Remember that if you speak to them before you've seen a paramedic or a physician, you should never say that you do not have any injuries. At best, you could tell them you’re not sure and waiting for a medical examination.
You should obtain and preserve medical records and medical bills if you incur any as a result of the accident. If you suffer only property damage due to the accident, you should keep repair estimates, towing receipts, hire car receipts, etc.
You should also keep a detailed record of your letters and emails with the insurance company. Preserving phone conversations may be tricky if you prefer to call in. While Federal law (18 U.S.C. § 2511) and most states permit one-party call recordings, some states like Florida (Fla. Stat. § 934.03(2)(d)) require all parties on the call to consent before a recording. And an insurance agent you speak to over the phone may not consent to being recorded.
To file a claim, call the insurance company and request to speak with a claims specialist. Explain to them that you would like to claim and describe the nature of your accident. They will then direct you on how to file and submit the documents.
These days, many insurers have mobile apps or online forms that you can fill out to file your claim, upload pictures, and schedule appraisals. But if they don't, they will likely send over a form for you to fill out and then return.
After that happens, if you go 3-4 weeks without hearing back from your insurer, you should contact them to inquire about the status of your claim. For insurers with mobile apps, there is usually a claim status tracker you can check on the app for updates.
When you receive your offer, you can accept it if you are satisfied with the amount. But if not, you could appeal the offer, leading to negotiations with the insurance company through their arbitration or mediation process.
While negotiating, ensure you have all your evidence and records to back up the damages you claim to have suffered. Also, employ a firm but unaggressive demeanor while attempting to communicate your demands.
Here are some frequently asked questions about car accident insurance.
Secondly, you can rely on your uninsured motorist insurance coverage. If you live in states like Illinois or Vermont, where drivers are required by law (215 Ill. Comp. Stat. § 5/143a-2 and Vt. Stat. tit. 23, § 941, respectively) to purchase uninsured motorist insurance, then you’ll always have that to fall back on.
However, if you are at fault in an at-fault state, and the other driver is uninsured, they can still get compensation from your insurance company. And if you are at fault in a no-fault state, the uninsured driver may still be able to sue you if their injuries meet a certain threshold defined by state law.
The best way to find out how to get the police report detailing your car accident is by informing the police officers who respond that you'd like a report, and following their instructions on how to get one.
The more accidents you're in, your insurance rates increase.
Calling the police mostly strengthens your claim; not calling them won't invalidate it. However, if the accident circumstances require you to call the police, ensure you call them.
Taking the necessary and right steps, which we've outlined above, is a prerequisite to ensuring you enjoy your legal right to compensation from your insurer. It is important to understand that securing your settlement begins immediately after the accident, so you must carefully do all that you're required by law and your insurance policy.
However, a lot of complexity still surrounds this process due to differing state laws and the peculiar conditions surrounding each accident.
If you need guidance or support on any issue related to your insurance settlement in the aftermath of an accident, contact us. At The Accident Helpers, we connect you to trained experts who will help you navigate all the uncertainties to get your due settlement.