If you have had a car accident and your car was damaged and you have suffered injuries you will be wondering how much it is going to cost and whether you will be able to claim it back from insurance. Insurance companies tend to be wary about settling any sort of claim, especially if you are claiming against another driver’s insurance policy.
If you strongly believe that you were not at fault and think you have enough evidence to prove it, you have a good case for filing a personal injury claim with the other driver’s insurance provider. This is never easy and you are advised to use a personal injury attorney to help you through the claim process.
Determining Who Was at Fault When You Have Been Injured
Making an insurance claim after an accident depends entirely on who was at fault. If you lose control of your car, perhaps because you were tired or you were momentarily distracted, and your car is damaged, then you are at fault and you will be depending on your own insurance policy to cover the repair bill to your car and any medical costs if you need treatment.
If another driver was at fault, let’s say they hit you for exactly the same reasons (lost control because they were tired or momentarily distracted), then you will be claiming against that driver’s insurance policy, at least for the damage to your car. If you have an accident in a no-fault state, then any claim for injuries will be to your own insurer, regardless of fault, unless the injuries are serious. Even if you have PIP insurance, you can file a personal injury claim against the at-fault driver in a no-fault state if your injuries are serious.
Who is Responsible for Paying an Insurance Claim?
Whether your own insurer responds to your claim depends on the sort of policy you have and whether you provide the information they ask for. Some insurers are more responsive than others. The devil is in the detail of your policy, but if you think that your insurer is not responding satisfactorily, then you should certainly talk to an attorney about it.
You are more likely to have a poor response when you file a personal injury claim with another driver’s insurer. Sometimes, this is because you haven’t provided sufficient detail.
Personal injury claims depend entirely on proof that a client was liable and that you have provided sufficient convincing documentation supporting the demand for damages you are making. Too hasty a claim may mean that an insurer is unlikely to respond quickly or even reject your claim outright until sufficient information is available.
How a PI Lawyer Can Help
A claim denial or lack of response from another driver’s insurer, or even your own insurer can be avoided by discussing your accident with an attorney first. The attorney can provide advice and negotiating power if he or she thinks that your claim has a good chance of succeeding. Complete the Free Case Evaluation on this page to discuss your case with a personal injury lawyer today.
