Someone that has been injured in a car accident needs to submit a personal injury claim. Yet the claim-filing process is not that simple.
Actions to take before filing a claim
• Be careful about what you say at the scene of the accident. Do not admit fault.
• Collect all the necessary information from those that were involved in the accident. Get their names, their contact information and the details on their insurance company.
• Speak with witnesses. Get the name and contact information for any witness.
• Once you get back to your residence, sit down and record the details of the just-experienced accident.
Specifics that can guide someone that is making a claim
If the accident took place in a no-fault state, a victim can file a claim using either their Personal Injury Protection (PIP) coverage or their Medical Payments (Med Pay) coverage.
If the accident took place in a state with a traditional insurance system, then the insurance company of the responsible driver ought to receive the submitted claim form. If that driver had failed to purchase insurance, the owner of the impacted car must file a claim with his or her own insurance company, as per Personal Injury Lawyer in Moncton.
If the owner of the impacted car has purchased uninsured motorist coverage, then the owner’s insurance company needs to study the terms of that coverage. For that reason, insurance companies ask that a policyholder provide them with a request for coverage after no more than 30 days, following the accident.
If you have caused a collision, but you have purchased collision coverage, then you can look to your own insurance company for help with obtaining money for repairs to your damaged vehicle. Understand, though, that you must first pay the deductible.
If failed negotiations change a filed claim into a file for initiation of a lawsuit, the suing party needs to prove his or her case. Below are some tips for those that need to file their case.
Collect all of your evidence; collect the pictures and the witness statements. If possible, try to secure video footage.
Stand ready to appear at a schedule IME (independent medical exam).
You may need to pursue legal recourse.
The insurance company might refuse to offer a fair compensation and that oftentimes, happens in many cases. Alternatively, your insurance company might claim that your own actions increased the chances for damage to another vehicle, and that vehicle’s passengers.
If you allow yourself to be held partly responsible, you will get a lower compensation. Smart claimants try to fight the lowering of the compensation. That can mean filing a lawsuit. In court, the claimant/plaintiff might argue that the money deducted from the client’s expected compensation far exceeds the value of the estimate for the repairs.