What to do after a car accident?

En Español: What to do after a car accident

Life can be complicated enough after having a traffic accident. You will have questions about injuries, car repairs, how to contact the police and how to make a claim to the insurance agency – not to mention the scare and the adrenaline rush – all this will bombard your senses and leave you unable to make clear decisions. That is why it is worthwhile to find out in advance how to deal with the insurer after a car accident.

Only the facts, madam

The first thing to do at the accident site is to determine the extent of the injuries of the driver and passengers. If the accident was just a touch, emergency medical care may not be necessary. However, if you have any questions, call the ambulance.

If your first call was to emergency care providers, your second call should be to the police. The police will advise you if you should move the vehicles aside and an investigative officer will take the statements of the drivers, and passengers involved.

Even if the facts of the accident are shameful or detrimental to you, tell the truth. If you change your version later, or do not disclose relevant facts, the insurance agencies involved will find out. That could affect you negatively; The insurer may refuse to pay or blame you.

It is not your role to accuse someone of being guilty, better limit yourself to declaring the facts. In the same way, you should avoid saying “I’m sorry” because that can be interpreted as admitting your guilt. Insurance agencies and investigative officers will determine who is at fault.

Make sure to exchange insurance information with the other drivers involved. If a driver gives you their insurance identification card, check that the date is valid. Also, get the names, and phone numbers of the witnesses. Although it is not your job to investigate the accident, when you get the contact information from the witnesses you facilitate the work to the insurance agencies, and to the investigation officers.

In addition, you must obtain the contact information of the investigation officer for future reference. Your report will not be available at the accident site.

A picture is worth a thousand words!

It is a good idea to have a disposable camera in your car. After an accident, a set of photos of both vehicles can protect you from a claim from the opposing party stating that the damage to your car was more extensive than what you reported. Additionally, the photos can help you with your own insurance agency to document the damage done to your vehicle.

Who to call?

Your insurance company needs to inform you when you have had an accident. As soon as you can, you should call your insurer and fill out an accident report form. The insurance agencies involved will begin the accident investigation to determine who was at fault.

A good way to notify your insurer is by calling your agent, especially if the accident is minor. Insurance agents often have the authority to resolve minor property damage claims and can write a check in your name. However, if the accident caused injuries and major damage to vehicles, and you are insured by an agency that hires “exclusive” agents, do not expect your agent to put pressure on the insurance adjuster on your behalf. Exclusive agents sell policies only for an insurer, and they are prohibited from interfering in the claims process.

Independent agents are another story. They can often “fight” for you with the claims adjuster of the auto insurer . Today, most insurers are looking for independent agents to sell their products because they do not want to ruin a relationship with an independent agent for a claim.

It is very important that you ask the adjuster for a complete copy of the claim file – self-adhesive notices and so on – this is because it is more common lately for insurers to destroy documents because they want to become a “paperless office.” Insurers are wrong from time to time and you may be charged higher fees after an accident even if it was not your fault. If you do not have a copy of the claim file, it is very unlikely that your insurer will have the documents for when you realize the surcharge – sometimes weeks or months after the accident.

Medical care

You have the right to look for what you consider to be appropriate medical care. A car insurer can not direct you to a certain medical provider unless you have signed a discount contract with the organization’s providers. Remember that if you exaggerate your injuries or seek unnecessary treatment this could make you look suspicious in the eyes of insurers: You must be prepared in case your insurer sends you a letter saying that it will not pay all your medical expenses if you have resorted to extensive treatments for a low severity injury

Apart from this, use your right to choose the auto repair shop. When you find a repair shop that does a quality job independently of your insurer you save the haggling for repairs with a repair shop that works directly with your insurer (DRP.) Although there are many DRP workshops that do quality repairs, they also sign agreements with the insurers to give them discounts for the parties, the work and procedures in exchange for sending them the cars shocked to them. In a nutshell, DRP workshops may not act in your best interest.

It is not necessary to hire a lawyer after you have had a car accident, but there are some scenarios in which it is a good idea to seek legal advice. If you have been seriously injured in the accident, you probably want a lawyer to help you keep the lines of communication between you and the insurance agency open to help you receive a fair resolution.

A lawyer can also help you prove to the insurer of the opposing party that it was your client that caused the accident. To prove that the other driver was the culprit, you must show the rules on the scene of the accident, that the other driver’s disobedience caused the accident and that the accident hurt you or your car. This may seem simple, but it requires a lot of time, research and knowledge of the laws.

If you live in a no-fault state and have been injured in an accident, you will file a claim under your own auto insurance policy to have your medical expenses and lost wages returned. However, in most no-fault states, you can also make a claim for damage to your car under the insurer of the guilty party.

Another situation that I could send you with a lawyer is when you have not been able to collect insurance benefits within 30 days after the accident. This is a sign of serious problems: It may be that the insurer is preparing to litigate against you or that you have not communicated effectively with the insurer. In both cases, the lawyer will be very useful.

Three point plan

The critical points to remember to ensure a good claim after an accident are:

• Be honest with insurance agencies, even when the facts of the accident seem to be against you.
• Make sure you know where you will get medical treatment and repairs to your car.
• Get as many documents as possible to support your claim.