What to Expect When Filing an Auto Insurance Claim After an Accident
If you’ve been injured or experienced vehicle damage in an accident caused by someone else’s negligence, filing an insurance claim with the at-fault driver’s insurance provider is an essential step toward recovery. However, even when the accident wasn’t your fault, there’s no guarantee the insurance company will approve your claim. Insurance companies conduct their own investigations to determine liability and may deny or adjust your claim based on their findings.
How Insurance Companies Determine Fault
Insurance companies assign an adjuster to review all details of the accident, gather evidence, and decide who was at fault. Evidence they typically consider includes:
- Crash Reports: Also known as accident or collision reports, these are created by law enforcement officers who investigate the scene. The report provides an objective overview of the accident and can be critical in determining fault.
- Photos and Video Footage: Pictures of the accident scene, injuries, vehicle damage, and any available surveillance footage offer visual evidence of how the accident happened.
- Eyewitness Testimony: Statements from people who saw the accident unfold can provide additional perspectives and details.
- Medical Records: Documentation of injuries, treatments, and associated medical bills can support the claim for damages.
- Vehicle Repair Estimates: The cost of repairing or replacing the damaged vehicle is also factored into the claim.
- Traffic Violations: Any traffic citations issued at the scene can indicate negligence or rule-breaking by either driver.
Evaluating the Accident Environment
Adjusters also consider the surrounding circumstances, such as the time and location of the accident, road and weather conditions, and potential hazards like construction or dangerous intersections. All of these details help insurance companies build a more comprehensive view of what happened.
Determining Fault Based on State Laws
Once all evidence is collected, the insurance adjuster reviews it to determine fault, often guided by state laws. In California, for example, pure comparative negligence laws allow a person to seek compensation even if they were partially at fault. However, any settlement is reduced according to their percentage of fault. This means that if both drivers share blame, each driver’s compensation is adjusted based on their degree of responsibility.
Example of Shared Fault
In an example where Driver A was speeding and turned left through an intersection, colliding with Driver B, who was also slightly over the speed limit, Driver A may bear a higher percentage of fault due to multiple violations. Driver B could still claim compensation but would receive an amount adjusted for their degree of negligence.
Recognizing Bad Faith Investigations
Insurance companies are legally obligated to conduct fair investigations. However, some companies engage in “bad faith” practices, intentionally delaying, minimizing, or denying valid claims. Signs of a bad faith investigation include failure to investigate promptly, disregarding evidence, or using unfair tactics to deny a claim. If you suspect bad faith, it’s important to consult a personal injury attorney immediately to protect your rights.
How Long Does an Insurance Investigation Take?
Typically, an insurance adjuster has around 30 days to complete an investigation. If the investigation requires more time, the adjuster must provide a written explanation for the delay every 45 days. Complex cases, such as those involving severe injuries or multiple parties, can take longer to resolve. However, if the delay seems unreasonable or suspicious, it’s advisable to consult an attorney to ensure your claim is handled fairly.
When to File a Claim Against Your Own Insurance Company
If the at-fault driver lacks adequate insurance, you may need to file a claim with your own insurance provider, assuming you have uninsured or underinsured motorist coverage. This type of claim can provide compensation when the responsible driver’s insurance is insufficient, covering expenses such as medical bills, lost wages, and pain and suffering.
Seeking Legal Representation After an Accident
Navigating an insurance claim after an accident can be challenging, especially when insurance companies attempt to minimize payouts. At LA Law Group, our car accident attorneys can handle every aspect of your claim, from investigating the accident and gathering evidence to negotiating directly with the insurance adjusters. We ensure you understand your rights and help you pursue the full compensation you deserve.
Contact LA Law Group Today
If an insurance company is pressuring you to accept a low settlement or has denied your claim, contact LA Law Group for a free consultation. Our experienced attorneys can review your case, answer your questions, and provide a clear strategy to maximize your recovery. Even if you decide not to work with our firm, you’ll leave knowing your legal options and rights. Don’t delay—reach out today to start the process of securing fair compensation.
