Car accidents are serious no matter how significant the damage, and they all can be quite expensive. Not everyone has money to pay for property damages and medical expenses, even after a minor car crash. It is why you have insurance, correct?
That leads one to ask: can I file a claim following a minor car accident? We have asked attorney Alaina Sullivan about what you should do. Here is what she had to say:
What is a “Minor” Car Crash?
Any type of collision is a big deal to the people involved in the car accident, but what may be a big deal to one person is not necessarily significant to the insurance company. Most insurance providers consider car accidents that do not result in personal injuries or very minimal property damages to be “minor.”
Any car accident that you would qualify as a mere “fender bender” would be considered a minor crash. Parties will often choose to settle these matters and very rarely seek legal recourse.
Minor accidents involving car-on-car impact occur at lower speed and end up with small amount of damage. You may hit another car as you are backing out of your driveway or a parking spot, or you may be distracted while driving at an intersection, ending up hitting someone in front of you.
Bad weather could play a part you not being able to quickly stop and bumping into the car in front of you.
Follow Normal Protocol
If you have been involved in a minor accident, do not let the other party persuade you to not exchange necessary information. Treat it as you would any other accident. The reason for this being is you may not know the extent of your damages until after you leave the scene.
Exchange names, contact information, and insurance information. Arrange for a police report. Take pictures of the scene and get information from witnesses. You may feel pressured to not make it look like you are preparing for litigation, but that is not the case. Rather, you are protecting yourself in the event you may need to go that route.
Contact the Insurance Company
Granted, which insurance company you contact depends on the state in which you reside. If you live in a no-fault state, you are stuck with contacting your own insurance company.
However, in you live in the majority of the states that do not have no-fault coverage, it is recommended you contact your insurance company, give them all of the information you have, including police report, and file a claim with both insurance companies, yours and the other driver’s.
Will My Rates Go Up?
Many people hesitate to make a claim following a minor car accident, fearing that their insurance rates will skyrocket with the smallest claim made. While your insurance rates may go up, that is not always the case. It depends on the severity of the accident, as well as your driving record.
Many insurance companies have an accident forgiveness program where you can eventually get your rates to go back to where they were pre-accident. Do not let the fear of this possibility deter you from making a claim. If you are concerned, review your policy with a personal injury attorney who can advise on your policy.
Paying the Deductible
Another reason individuals do not file a claim after a minor accident is if the damages do not exceed the deductible. If you have a $1,000 deductible when filing an insurance claim, and the damages are less than that amount, you may wonder what the point would be in filing a claim.
You will end up paying the full amount regardless anyway, right? In these situations, it does pay to weigh the costs versus the benefits. It may be better to simply pay the cost out-of-pocket rather than go through the hassle of filing an insurance claim.
Contact an Attorney Today
If you have been involved in a car accident and are unsure of whether you should file a claim, 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.
