Most successful car accident claims are paid out by insurance companies, and the vast majority do not end up in court. In general, you do want to let your insurance company know that you were involved in an accident. However, whether or not you should file a claim with your insurance company after an accident depends on the terms of your insurance policy and your overall strategy for pursuing your personal injury claim. This is where an experienced car accident lawyer can be a big help.
Does Your Policy Apply?
If the terms of your insurance policy do not allow you to assert a claim for your own injuries (as in a liability insurance policy) and if you believe your injuries were the other driver’s fault, you should contact the at-fault driver’s liability insurance company and file a third-party claim.
If the accident occurred in a “no-fault” state, however, you may be required to carry Personal Injury Protection (PIP) insurance and rely on it to the exclusion of the other driver’s policy, no matter whose fault the accident was. In other situations, you might have a choice – claim against your own collision insurance policy or claim against the other driver’s liability insurance policy. Check the terms of your policy and your state’s auto insurance laws for details.
Contacting Your Agent
If you decide to file a claim against your own insurance company, deliver a written statement notifying the company of the accident and describing your losses (personal injury, property damage or both). Deliver it to your insurance agent or your insurance agency’s claims office. If you deliver it to your insurance agent, demand a written statement confirming that he forwarded it to the claims office. Expect a confirmation letter from the claims office within a short time afterwards.
Insurance Company Rights
Your own insurance company enjoys more rights against you than the other driver’s insurance company would enjoy under the same circumstances. In particular, your insurance company will have the right to demand:
- Unfettered access to your medical records and work records (in case you are claiming compensation for lost earnings), to the extent that these records are relevant to your case
- Your full cooperation and disclosure. You may not, for example, conceal a pre-existing injury out of fear that disclosure will reduce the value of your claim.
- An inspection of your vehicle, if you are claiming property damage or if the condition of your vehicle is relevant in some other way – if it would shed light on whose fault the accident was, for example.
- Subrogation. This means that if the accident was not your fault and your insurance policy pays your claim, you must agree that your insurance company “owns” the right to sue the at-fault driver or his insurance company for reimbursement. You may not file a lawsuit over the same claim except for any amount that your own insurance company does not compensate you for – the amount of any deductible, for example.
The more serious your accident was, the more important that it is for you to retain an attorney and pursue your claim with all deliberate speed, because the state statute of limitations deadline for filing a lawsuit is like a clock that starts ticking on the day of the accident. In some states, the statute of limitations deadline expires only one year after the accident.