Many things can be said following a car accident. It is a stressful situation for all parties involved. Often, at least one of the parties will try to avoid any type of insurance claim, stating that he or she is willing to settle outside of filing a claim or claiming that he or she does not have money and cannot handle you pursuing compensation for your damages. Should you believe that person and not go after damages, or should you file a claim against him or her?
We have asked attorney, Alaina Sullivan, about what you should do. Here is what she had to say:
Does the Driver Have Insurance?
If the at-fault driver has insurance, it means that he or she has already paid the premiums needed for these exact situations. Filing a claim against his or her insurance policy is not necessarily going to put that person out of money. You are not seeking the compensation directly from the driver but rather that person’s insurance policy. Be sure that no matter what the driver says about “not having money,” you do get the driver’s insurance information, as well as his or her contact information. You will need that for pursuing the claim.
Should You Believe Him or Her?
Yes, we all want to believe that people are inherently good, but it is highly possible that the other driver is lying to you by saying that he or she has no money. It is possible that this statement was made out of a moment of panic or frustration. It is also highly possible that he or she will not hesitate to instead make a claim on your policy after convincing you to not pursue one. You could then end up looking like the driver who was at-fault, and you would be the unlucky one with the spiked insurance rates. Is that fair? No, but unfortunately you cannot always take everyone at their word.
Protect Yourself
Ultimately at the end of the day, you have to look out for yourself. If you were the one not at-fault in the car accident and are left with serious property damage or even medical bills, you need to ensure that you are made whole. No matter how good at heart you may be, that positive feeling will not fix your property damage. Unless you are willing and able to pay for the damage to yourself and your car on your own, it is advisable to submit a claim to the insurance company of the “at-fault” driver.
Notify Your Insurance Company
At the same time, it is advisable that you do notify your insurance provider that an accident has occurred. Inform them of what happened and provide any reports or documentation to show that it was not your fault. Make sure they are aware in the event that the other driver does attempt to contact them and file a claim against you. Notifying your insurance provider is not the same as filing a claim so do not let the thought of your rates increasing deter you from at least alerting your insurance provider that an accident has occurred.
Statute of Limitations
Be aware of the statute of limitations you may have for your state. Every state has a set deadline for filing personal injury claims, and most insurance policies have set deadlines, as well. If the other driver has asked you to hold off on filing a claim due to financial hardship and that person has given you a requested amount of time, make sure you are not holding off just long enough for you to not be able to make your claim later. If you have any questions about whether you are at-risk of being past the statute of limitations, speak with a personal injury attorney who can advise you on how to proceed.
Contact an Attorney Today
If you have been in a car accident and the other driver told you that they have no money to pay for any damages, it is always recommended you contact an attorney today to discuss your case if you do not currently have a lawyer or have any questions. A licensed personal injury attorney will be able to evaluate your case and determine if you have a claim against the other party’s insurance company. To receive the compensation for your medical bills, property damages, and pain and suffering, you should speak with a personal injury attorney in your area today.
