Recent statistics show an increase in auto accident rates in California. The studies show that overspeeding cases have jumped to a 16% increase in the past years. For example, in 2016, approximately 3682 people died in auto-related accidents. If you are operating a vehicle in California, you must have a car insurance policy and be aware of the steps to take after you are involved in a car accident. In this blog, you learn how to file claims if you are interested in an auto accident.
Steps to Undertake While Filing Accident Claims in California
People to Contact After an Auto Accident has Occurred
If you are involved in an auto accident, you should contact the following personnel:
- Medical personnel. Medics or first-aiders are the first responders in any auto accident as they will provide any needed medical intervention required at the moment.
- The local Orange County law enforcement. If the accident you have been involved in is not minor, you want to contact the police or California’s Highway Patrol personnel. The report they provide about the collision could be vital for the success of your car insurance claims.
- Your auto insurer. If you are a car insurance policyholder, you want to contact your insurer and inform them of the accident.
However, if you do not have an auto insurer and you are not at fault for the accident that has occurred, you should contact the other party’s auto insurer.
Provide Your Insurer With Information Regarding The Auto Accident
You want to inform your insurer about the collision, regardless of whether it was your fault. Some insurers, such as California Collision Insurance, disburse payments after an accident regardless of who was at fault.
Some of the information that you are required to provide your insurer is:
- Phone numbers, names, and vehicle registration numbers of all motorists involved in the collision.
- Clear photos showing the damage done to your car.
- A copy of the police’s accident report.
- The names or badge information of the local police who responded after the incident.
Provide a Notification to the California Department of Motor Vehicle (DMV) After a Collision
Under California statutes, you are required to provide a notification to the DMV within ten days of the accident occurring if the following was a consequence of the collision:
- A person was injured (no matter how minor) or was killed.
- The damages accrued were more than $1000.
However, the notification to the DMV or insurer does not constitute a lawsuit for the damages incurred. You can file a lawsuit if the insurance company does not pay up.
Learn the Operations of Your Insurance Policy
One of the most crucial steps in claiming after an auto accident is understanding what your insurer covers and what you offer after a collision. You want to inquire about the following:
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Your Total Deductibles
While applying for auto insurance, you choose the deductibles for the specific deductible you would like covered, for example, car accident or full coverage. You want to seek information about the total deductible amount at your disposal. You also need to know the amount you will need to cover out of your pocket before the insurance claim takes effect.
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Insurer Coverage for any Transport Expense Incurred
Suppose your insurer provides a rental reimbursement type of insurance. In that case, you want to inquire about how you will receive compensation when you seek rental vehicle services as your car is being fixed.
You want to do this before you board the vehicle and also to know the terms of the coverage. For example, your insurer may cover the expenses of $50 for a rental car service daily. You will have to pay out of pocket if the amount is higher.
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How Long do You Have to Lodge an Insurance Claim?
You may inquire about the timeline in which you must lodge a claim with your insurer. This is because there is a deadline that you may not be aware of, and you might not access cash to assist you with the damages incurred after a collision, for example, damages to your vehicle and health care bills accrued from services sought for the injuries sustained after the accident.
You also need to know the deadlines for each claim, as different insurance policies might have different deadlines for personal injury and vehicle damage claims. Once you have established the timeline, you must lodge the suit to complete the deadline.
The Process of Settling an Insurance Claim
Obtain an Estimate of Damages and Collaborate With Your Adjuster
When you claim your insurance company, your insurer will assign an adjuster for your case. The adjuster will contact you either by mail, phone, or email. The insurer has to contact you within fifteen days of making your claim.
The adjuster from your insurance company will examine your and the other party’s vehicle to assess the damages incurred and to establish who was at fault. They will then give a preliminary cost of all repairs required, including the materials and labor costs.
Some insurance providers might opt that you obtain a preliminary report on the cost of repairs from an auto repair company of your choice. The insurer will then look into the information and give you feedback on the amount that they will pay for the repairs required for your vehicle.
Recording a Statement
Your adjuster may ask you to record a statement regarding the damages incurred. You are not obligated to record any statement as this may influence the timeline in which your claim takes effect. Refrain from expressing that you are in a hurry to settle the claim. Instead, you should give a neutral answer, for example, that you are uncertain about how you feel at the moment.
Medical Examination
Your insurance adjuster may advise you to have an independent medical test done. You are under no obligation to have it done independently, as this may affect your access to your claim. You should politely decline the offer and sign a medical release so that your adjuster can access your treatment details from your healthcare providers.
Ideally, say less and let the medical bills you accrued and your attorney (if you have one) do the work for you.
Evidence Required By the Adjuster
The insurance provider will require the following evidence:
- Your auto insurance claim form.
- A recorded statement from you, if you choose to provide one.
- A word from the other party and any witness.
- A detailed inspection of your car.
- Photos from the scene of the accident.
- The vehicle’s damage report from the repair center.
- Evidence of lost capacity to earn or any lost wages.
- Healthcare bills.
- Medical treatment notes.
Timeline For You To Access Money From Your Insurer After An Auto Accident Claim
Under California law, your insurance company must respond to your claim within 15 days. The insurer should then accept or deny the claim within 40 days of investigating and release a breakdown of the extent of damages accrued and how much money they will release to cover your losses.
If your claim is simple and the fault is a non-issue, your lawsuit will be approved within a short amount of time. However, the insurer would take longer to back your claim if you were at fault.
The Insurer's Initial Claim Statement Offer
After investigating your claim, the adjuster will compile a statement offer. If your case is straightforward, the cost accrued for the repairs done and the health care bills will be sought. However, there are instances in which you will receive less money than you require because of the following reasons:
- The other party is still disputing who was at fault, even though your insurance adjuster has already established the culprit.
- You are still in the process of seeking medical care.
- The adjuster hopes that you will accept their initial offer.
Sending a Demand Letter to the Insurance Company
Suppose you seek the services of a personal injury attorney. In that case, they will disseminate a demand letter to your insurance company regardless of whether the adjuster has made the initial statement offer. This move ensures you receive the amount you deserve for the repair and healthcare bills accrued.
The demand letter has the following content:
- A version of the events that took place.
- Your request for a certain amount you require for the medical and repair services to the car.
- Evidence such as photos of the vehicle and car registration numbers of the other party involved in the collision to back up your request.
Demand letters request a higher amount than the one stated by the adjuster, which acts as a bid for negotiations to start.
Negotiation Phase
The negotiation phase is the most crucial step while making claims after a car accident. It is the part in which you collaborate with your attorney to produce solid evidence that will help you obtain the right amount, if not more, money for the bills accrued after the collision.
Some of the questions that you could ask your lawyer for you to understand what is required of you in the negotiation phase are:
- What are some effective strategies you could use in the negotiation phase after a car accident that could help you gain maximum benefits from your insurer?
- Does the insurance company have my best interest for me?
- Which tactics have worked best for past clients in your situation?
- How could you negotiate well to gain an advantage and receive the benefits you deserve?
- How do you resolve a California car accident claim lawsuit?
The adjuster will want to hasten the negotiation process. This will limit the insurance company's exposure to your case while they try to convince you to take a settlement that is less than what you deserve and increase the amount of money you have to pay out of pocket.
Patience is critical in ensuring you obtain the amount of money you deserve to receive. In rare cases, you will have to file a lawsuit to receive the settlement you deserve.
Finalizing The Claim Settlement Agreement
Once you, your lawyer, and the adjuster have agreed on the amount you deserve as the claim for the collision, you will be asked to sign and give the go-ahead on the settlement agreement.
You should ensure that you read and understand the terms of the agreement carefully before signing, as this could be essential in knowing all the conditions put in place by your insurance company.
Once you have signed the agreement, you sever your right to sue later. If you discover later that you underestimated the repairs needed for your vehicle or the injuries you incurred due to the collision, you will have to cater for these needs out of pocket.
Repairing Your Vehicle Even When you are Still Injured
Insurance providers are flexible enough to separate the bills that you could accrue in terms of repairing your damaged vehicle and the services sought after you incur physical injuries. You should, however, read the terms and conditions of the insurance policy to ensure that you are aware of how they work in case your body injuries take longer to recover and you still need your car.
How to Maximize the Value of your Car Accident Claim
Once you have claimed your insurance provider after a car accident, the insurance company will send their agent to speak with you. They will want to convince you to agree to a cash settlement. This is usually a meager amount compared to what you deserve.
In Orange County, a personal injury attorney could help you gain the benefits you deserve by advising you on how best to maximize the value of your claim. Insurance providers usually use the following methods to ensure that they finalize the settlement with little exposure on their side:
- Lowball offers.
- Delaying the process of settling the claim.
- Extending the time taken to determine the payment.
- Dismissing the victim’s claim without cause.
These insurance providers' acts could see you receive compensation that is way lower than you deserve. You want to consult an experienced attorney who has dealt with similar cases to ensure that you obtain maximum benefits from a car accident claim.
The following strategies could see you receive the compensation you deserve:
- You should report the car accident to the proper authorities responsible and your insurance provider as soon as possible.
- You should document and submit the correct and necessary paperwork.
- Ensure that you have documented and safely kept all the healthcare receipts, records of service sought, and police reports.
- Ensure that you do not admit to being at fault.
- Ensure that you remain factual and do not disburse any false information.
- You should keep your thoughts to yourself.
- Only sign the legal document presented to you if you have been advised to do so by the relevant authorities.
- Do not record any legal statements.
- Seek the services of an experienced personal injury attorney.
Giving out false information, expressing your thoughts and opinions, or recording a legal settlement could be detrimental to you as this could give your insurance provider leverage against you.
Obtaining Compensation After Settling a Car Accident Claim in California
Your insurer will pay directly for all the repairs done to your vehicle if you seek the services from a repair shop within the insurance company's network. Other payments, such as health care bills, will be catered for once you sign the settlement agreement.
You could pay out of pocket if you seek service providers, not in your insurer’s network. Make sure you agree with the insurance provider on the repair company you want to fix your car before you bill them. Also, make sure you do not have any outstanding bills before you use the settlement money you will receive.
Why you Need an Attorney to Help you in Filing Accidents Claims
If your claim is evident and straightforward, you will be able to obtain a huge settlement and receive what you deserve with the help of a lawyer. Often than not, though, insurance adjusters are there to make you come to a settlement agreement hurriedly and ensure that you receive less than what you truly deserve.
A personal injury attorney will know how to deal with the adjuster when they use tricks to reduce the amount you are entitled to.
Find A Orange County Personal Injury Attorney Near Me
You want to seek legal advice when you encounter a car accident with or without injuries. An experienced personal injury attorney will help you fill a claim with your insurance provider and ensure that you sign a settlement agreement showing the compensation you deserve.
At Orange County Personal Injury Attorney, we are ready to help you submit your claim, handle your insurance adjuster, maximize the value of your claim and ensure that your insurer reimburses you on all the bills accrued while seeking health care services and car repair services. Contact us at 714-876-1959 to schedule a non-obligatory appointment with our lawyers.
