Being involved in a car accident caused by another driver can be overwhelming, but knowing how to navigate the insurance claims process can make a big difference. While it may seem like the at-fault driver’s insurance company will automatically cover your expenses, that’s not always the case. Insurance companies prioritize their profits, and they may try to delay, deny, or minimize your claim.
To protect your rights and ensure you receive fair compensation, it’s essential to understand the steps you need to take after the accident. We’ll walk you through the process of filing an insurance claim against the at-fault driver, common mistakes to avoid, and how a Wright Gray Harris attorney can help you every step of the way.
1. Report the Accident to the Police
After an accident, one of the most important steps is to call the police and report the incident. A police report serves as an official document that outlines the details of the accident, the people involved, and the officer’s assessment of fault. Insurance companies rely heavily on police reports when determining who is responsible for paying claims.
When speaking to the police, provide clear, factual information about what happened. Avoid making speculative statements like, “I didn’t see them coming” or “I’m sorry,” as these statements could be interpreted as admissions of fault. Stick to the facts and let the police determine fault based on the evidence they observe.
Once the police report is complete, request a copy. This document will be critical when you file a claim with the at-fault driver’s insurance company. If the report identifies the other driver as the at-fault party, it strengthens your case.
2. Gather Evidence at the Scene
Collecting evidence at the scene of the accident can make a huge difference in the outcome of your claim. The more evidence you have, the harder it will be for the at-fault driver’s insurance company to dispute your claim.
Take photos and videos of the following:
- Damage to your car and the other driver’s car
- The position of the vehicles immediately after the accident
- Road conditions, skid marks, traffic signals, and weather conditions
- Any injuries you sustained, such as cuts, bruises, or swelling
If there are witnesses at the scene, ask for their names and contact information. Witnesses can provide statements that support your claim and verify that the other driver was at fault. Once you have collected this evidence, store it in a safe place and provide copies to a Wright Gray Harris attorney for review.
3. Notify Your Insurance Company
Even though you’ll be filing a claim with the at-fault driver’s insurance company, you still need to report the accident to your own insurance company. Many insurance policies require you to notify them of an accident, even if you’re not at fault.
Call your insurance company and provide basic information about the accident, but avoid making detailed statements. Do not admit fault or say anything that could be misinterpreted, such as “I should have been more careful.” Stick to the facts, and if you’re unsure how to communicate with your insurer, consult with a Wright Gray Harris attorney.
Reporting the accident to your insurance company helps protect your right to use coverage like uninsured/underinsured motorist protection or collision coverage, which may be useful if the other driver’s insurance coverage is inadequate.
4. File a Claim With the At-Fault Driver’s Insurance Company
Once you have the police report, evidence, and details about the accident, it’s time to file a claim with the at-fault driver’s insurance company. This process is known as a third-party claim, as you’re filing a claim with someone else’s insurance.
To start the claim, contact the at-fault driver’s insurance company and provide them with the following:
- The name, policy number, and contact information of the at-fault driver
- Your own contact information
- Details about the accident (time, date, location, etc.)
- The police report number (if applicable)
Once the claim is filed, the insurance company will assign an adjuster to investigate. The adjuster will review the evidence, speak to witnesses, and assess the damage to your car. If the adjuster contacts you, be cautious about what you say. You have the right to decline a recorded statement until you have spoken with a Wright Gray Harris attorney.
5. Get a Vehicle Damage Assessment
If your car is damaged, you’ll need to get an estimate of the repair costs. The at-fault driver’s insurance company may request that you take your car to one of their “preferred” repair shops, but you have the right to choose your own mechanic.
Take your car to a trusted repair shop and ask for a written estimate. If the insurance company’s estimate is significantly lower than your repair shop’s estimate, don’t accept it right away. A Wright Gray Harris attorney can negotiate with the insurance company to ensure you receive a fair payout for the cost of repairs.
If your car is considered a total loss (meaning the cost to repair it is higher than the car’s value), you may be entitled to receive compensation for the fair market value of the vehicle. An attorney can help you ensure the insurance company doesn’t undervalue your car.
6. Track Your Medical Expenses and Lost Wages
If you were injured in the accident, you have the right to seek compensation for your medical expenses, lost wages, and pain and suffering. Keep detailed records of your medical treatment, including doctor visits, therapy sessions, medications, and any out-of-pocket expenses you incur.
If your injuries cause you to miss work, ask your employer for documentation of your missed days and your lost wages. This documentation will be essential when negotiating a fair settlement with the at-fault driver’s insurance company.
A Wright Gray Harris attorney can help you calculate the full value of your claim, taking into account all medical bills, future medical treatment, and lost earning potential if your injuries affect your ability to work.
7. Be Cautious With Settlement Offers
The at-fault driver’s insurance company may offer you a settlement early in the process. While it may be tempting to accept the offer and move on, initial settlement offers are often far lower than what you deserve. Insurance companies try to settle claims quickly and for as little money as possible.
Before accepting any settlement offer, consult with a Wright Gray Harris attorney. Your attorney will review the offer, evaluate your medical bills, and determine if the amount is fair. If it’s too low, your attorney can negotiate for a higher payout or file a lawsuit if necessary.
Once you accept a settlement offer, you forfeit your right to seek additional compensation later, even if your medical bills increase. That’s why it’s important to have an experienced attorney on your side to ensure you’re getting a fair deal.
8. Avoid Making Recorded Statements Without Legal Guidance
Insurance adjusters may ask you to provide a recorded statement about the accident. While this may seem like a routine request, these statements are often used against you. The adjuster may ask tricky questions designed to make you admit fault or downplay your injuries.
If you’re asked to provide a recorded statement, politely decline and contact a Wright Gray Harris attorney. Your attorney can guide you on how to answer questions from insurance adjusters without jeopardizing your claim.
9. Hire a Wright Gray Harris Attorney to Maximize Your Claim
Dealing with an insurance claim after a car accident can be frustrating, especially when the other driver is clearly at fault. Insurance companies may try to deny liability, dispute the extent of your injuries, or offer you a low settlement. Hiring a Wright Gray Harris attorney ensures you have a skilled advocate on your side to protect your rights.
A Wright Gray Harris attorney can help you:
- File your third-party claim with the at-fault driver’s insurance company
- Negotiate with insurance adjusters to secure a fair settlement
- Gather evidence, including police reports, witness statements, and accident scene photos
- Calculate the full value of your claim, including medical bills, lost wages, and pain and suffering
If the insurance company refuses to offer a fair settlement, your Wright Gray Harris attorney can file a lawsuit on your behalf. With an experienced attorney fighting for you, you’ll have a much better chance of receiving the compensation you deserve.
Contact Wright Gray Harris
If you’ve been in a car accident caused by another driver, you deserve full compensation for your damages and injuries. Navigating the insurance claims process can be confusing and stressful, especially when insurance companies are focused on protecting their profits.
At Wright Gray Harris, our experienced car accident attorneys know how to handle claims against at-fault drivers and their insurance companies. We’ll negotiate on your behalf, protect your rights, and fight for the maximum compensation you deserve.
Don’t let the insurance company pressure you into accepting a low settlement. Call Wright Gray Harris today for a free consultation. Our attorneys will guide you through every step of the process and ensure your claim is handled properly.
Call now to schedule your free consultation.