- Immediately contact your insurance company - After the police have been called, call your insurance company. Aside from your safety, there is nothing more imperative. See if you can’t get the representative to come to the scene before the vehicles are moved.
- Exchange information with the other driver - If no one is seriously injured, exchange information with the other driver. Do not make any admission of responsibility. Show concern for the other occupants of the vehicle, but do not admit fault. Be sure to write down license plate and auto insurance information. If the police offer to take care of this exchange of information, accept their offer.
- Take photographs of the crash - Again, if the site is safe, by all means take pictures. As they say, they speak a thousand words. With camera functions on almost all cell phone these days, you don’t have to have a camera handy. Take photos of the vehicles and the surrounding area, whatever you feel might support the evidence and help you file your claim.
- While it’s still fresh write down your version of the events - The sooner you record your version of the events the better. Write them down if you have materials. You might also use the voice recorder function on many cell phones. This will come in very handy when dealing with insurance representatives or claims adjusters. If the law is involved, it may be of use to them as well.
- Don’t play “strong & silent” - Don’t underplay any injury caused by the accident. And don’t assume that because you feel fine now damage wasn’t done. Many injuries manifest at a later date, especially head injuries which can have no symptoms at all at first. So, you need to be checked by a medical representative, whether your own doctor or one at an emergency room as soon as possible. The last thing you want is to be accused of faking something or of attributing a later injury to the actual accident. With fraud rampant, insurance companies are on heightened alert for such things.
- Be honest & helpful to your insurance company - See the above: You are dealing with seasoned professionals who encounter frauds and scam artists everyday. Don’t be one of them. You won’t get away with it! So, be honest with the police, the insurance representative, your claims adjuster, the doctor, etc. Be as helpful as you can be without admitting fault, both with your insurance company as well as the other insurance company’s reps. Being difficult or uncooperative sends a very bad message. And do not fake a post-accident disability. Know that with so much at stake, insurance companies employ undercover investigators to ferret out fraud. If you’ve tried to pull a fast one, you will have ruined your case and your future credibility as well. You might even find yourself in prison.
- Meet with the adjuster - Make yourself available to the claims adjuster and fill out any forms they might ask you to complete. Also, gather together the proper receipts, repair estimates, and medical documents. You may be asked to meet with the claims adjuster of the opposing insurance company. Be willing and helpful there as well.
- Don’t sign a release - Be helpful, but beware of signing anything that states you release an insurance company of “any and all claims.” This could negate any possible protection that insurance is intended to provide to you. If you are pressed, refuse to sign it without having it reviewed by an attorney. And if it gets to that point, by all means pay a visit to one of the many accident attorneys out there who would be happy to take your case.
- Do not relinquish your legal rights - On that score, you must be willing to go to the nth degree to protect yourself, to the point of legal action if necessary. Insurance companies, even your own, are not in the business of paying out claims that they don’t have to. It’s in their best interests to keep payouts low and slow. If an offer from the insurance company isn’t acceptable, you can object, even ask for arbitration if they do not compromise. And if they refuse arbitration with some kind of take-it-or-leave it response, then you have every right to contact an attorney for possible legal action. But do not threaten this step, and do not rush to it until you are convinced that the insurance company is not going to cooperate.
Making a claim after an auto accident is a necessarily evil. You’ve paid a great deal to have the coverage in case of just such an event. And if the accident was not your fault, all the more reason to protect yourself and prevent your insurance rates from increasing. But it is intimidating for many people. They imagine it to a confrontational situation. While you should be wary of claims adjusters and the like and wary of what you admit to (nothing!), most of the emotional weight of a claim is dealing with something that you haven’t done before.
For this reason, we’d like to offer you a few tips for filing an auto insurance claim:
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