Some words just seem like they shouldn’t be in the same sentence together like simplifying an accident claim. You’re dealing with an insurance company so how can anything be simple? Sometimes it can seem like the insurance company’s primary goal is to make filing an injury claim as hard as humanly possible.
With an estimated 5,522 car accidents in San Diego in 2022 alone there’s a pretty good chance that you may eventually need to file an insurance claim yourself at some point. So wouldn’t it be nice if you knew how to make the process as simple as possible?
Report the Accident
Calling the authorities and waiting at the accident scene isn’t anyone’s idea of a good time. You may be tempted to simply exchange insurance information with the other involved driver and go about your life.
As long as there aren’t any injuries and/or fatalities and property damage is under $500, not immediately reporting the accident is perfectly legal in California. The Golden State even gives you 10 days from the date of the accident to file an official police report. You’re going to need an accident report if you’re planning on filing an insurance claim.
While not having to stand around the accident scene is tempting, the California Department of Insurance has some advice. The agency recommends immediately reporting any vehicle accident, even a minor fender bender. This simple but sometimes annoying step can help protect the value of your accident claim.
The authorities can investigate the accident’s cause while the evidence is still fresh. Don’t forget California is a pure comparative negligence state. This means more than one driver can be assigned fault for the same accident. Your compensation amount is reduced by your percentage of blame so it’s a good idea to have the accident investigated as soon as possible.
Make a Medical Appointment
Not every vehicle accident results in injuries requiring an ambulance ride to the emergency room. Hopefully, this is true for your vehicle collision. However, just because you’re up and walking around, doesn’t mean you still shouldn’t see a healthcare professional.
Not all injuries display immediate signs and symptoms. You could have internal injuries and you don’t want to leave them untreated. Besides, you need to provide the insurance company with your medical records if you’re claiming any injuries. This also applies to any passengers in your vehicle. Remind your passengers to see their healthcare providers.
Contact the Insurance Companies
Even if you’re not filing a claim with your auto insurance provider, go ahead and give them a call. Let your insurance provider know you’re involved in an accident. Your insurance agent should be able to give you a few pointers on how to successfully navigate the claim process.
Since California is a pure comparative negligence state, there’s a chance you may assume some of the blame. In this scenario, contacting your insurance provider can help you recover some compensation. This can also apply if the at-fault driver is either under or uninsured. If you have full coverage or an uninsured or underinsured policy, some or all of your damages may be covered by your insurance provider.
The next phone call is to the at-fault party’s insurance provider. All you’re doing is letting them know you’re getting ready to file an accident claim. Don’t go into detail about the accident or your claim. This isn’t the time. Wait until you’ve calculated your damages before getting into detail with the insurance provider.
Calculate Your Damages
You’d think this would be the easiest part of the claim process, and it is up to a point. Your accident claim is probably going to include two types of damages, economic and non-economic losses.
Your economic damages are things like your medical expenses, property damage costs, and possibly even lost income. Yes, you can claim lost earnings if your injuries are serious enough to keep you from immediately returning to work. These damages you can calculate using bills, receipts, estimates, and pay stubs. Pretty simple, right?
Non-economic damages are usually what gets a little confusing. No, you don’t want to omit these types of losses. These types of damages often make up a significant portion of your accident claim.
Your non-economic damages typically include things like your pain, suffering, and mental anguish. Since you can’t fall back on bills and receipts to come up with a value, you’re going to need to get a little creative. You can use either the per diem or multiplier method to come up with the estimated value of your non-economic damages.
Not sure what these methods are? Don’t worry, your personal injury attorney can walk you through the simple steps.
Negotiate with the Insurance Company
Every now and then, insurance companies will pay out an accident claim with very little fuss. Don’t hold your breath, this will happen to you. Chances are, you’re going to find yourself sitting through negotiations. This isn’t necessarily a bad thing but it can be frustrating as you’re watching bills come in.
During negotiations, you’ll go back and forth with the insurance adjuster. You’ll present a number and the adjuster will make a counteroffer. Eventually, you should be able to come to an agreement. If not, your claim turns into a lawsuit against the insurance company in civil court. Thankfully. it’s not too uncommon for insurance companies to come back to the negotiating table after a lawsuit is filed which can significantly speed up the time it takes for you to receive compensation.
A quick bit of advice. You can accept an offer from the insurance company anytime during the claim process. However, once you accept an offer your claim is legally considered closed. You can’t reopen your claim or file a new one just because the settlement isn’t enough to cover all of your expenses.
Let An Attorney Handle the Insurance Claim Process
The easiest way to simplify the claim process after an accident is by partnering with an experienced personal injury attorney to help you throughout the entire process. Even though California laws aren’t too complex. dealing with the insurance company can be frustrating.
With your attorney taking care of the process on your behalf you can focus on recovering from the accident instead of worrying about constantly overcoming different legal hurdles as they come up.