|
|
|
What to do after an Auto Accident?
Millions of automobile accidents occur annually, seriously injuring many people; your chances of being involved in an automobile accident at least once during your lifetime is quite realistic. But there are a few steps you can take to make that less probable. That's why it pays to know ahead of time how to deal with insurers after a car crash.
No one wants to think about getting into an accident. We all know we're the world's safest drivers. But according to the National Highway Transportation Safety Administration, in 2002 there were an estimated 6.3 million police-reported motor vehicle traffic crashes -- 46 percent of those resulted in injuries and 42,815 resulted in death. And of thealmost 3 million people killed or injured in police-reported motor vehicle traffic crashes in 2002, 1.6 million were of the ages 16 to 20.
Careful as you may be, it is still inevitable that someone is going to be talking on his cell phone and will rear-end your precious vehicle.
The first thing to do at the crash site!
STOP! Anyone who gets into a crash must stop. Leaving the scene is also known as "hit & run" and can be a felony. This includes hitting property, animals or pedestrians.
First things first, check your own body. Take a deep breath, count limbs, look for blood, and check for any aching parts and ask those other folks in your car how they are.
If the accident is a fender bender, emergency medical care might not be necessary. However, when in doubt, call (or get someone) to call 911. If your first phone call was to emergency care providers, your second call should be to the police. The police will advise you whether it's required to move the crashed vehicles from moving traffic, and an investigating officer will take statements of the drivers and passengers involved.
Even if the facts of the accident are embarrassing or detrimental to you, tell the truth. If you alter your story down the road or you don't disclose pertinent facts; the insurance companies involved will find out; that could come back to haunt you. Remember the insurer can deny coverage or shift more fault to you.
You also should get the investigating officer's contact information for future reference. The officer's report is generally not available at the accident scene.
Whom to call after emergency services have left?
Your auto insurance policy requires you to inform your insurer when you've been involved in an accident. As soon as you are able, you must call your insurer and file an accident report. You should also notify the other driver's insurer of the accident. The insurance companies involved will then begin an investigation of the accident in order to determine who's at fault.
Ask the insurance company adjuster for a copy of the complete claim file.
A good way to notify your insurer is by calling your agent, especially if the accident is minor. Agents often have the authority to settle minor property-damage claims (below $5,000) by issuing a check to you. However, if the accident involves injuries and major property damage, and you are insured by a company that employs "exclusive" agents - don't expect your agent to lobby the claims adjuster on your behalf. Exclusive agents sell policies for one insurer only, and are forbidden from interfering in the claims process.
Independent agents are a different story. They often are able to help you deal with the insurance company claims adjuster because insurers more and more are looking to independent agents to sell their products, and the insurers are not interested in souring a relationship with an independent agent over one claim.
It's imperative you ask the insurance company adjuster for a copy of the complete claim file - Post-it notes and all - because, increasingly, insurers are destroying documents in an effort to move to a "paperless office." Insurers make mistakes from time to time, and it's possible that you could be surcharged for an accident even though it wasn't your fault. If you don't have a copy of the claim file, its unlikely your insurer will have the documents by the time you catch the surcharge - sometimes weeks or months after the accident.
Insurers aren't keen on giving out copies of claim files. If the insurer doesn't grant you a copy, file a complaint with your state's department of insurance and contact a lawyer. The lawyer likely will have to subpoena the insurer to produce a copy of the claim file before the insurer gives it to you.
Medical and car care
You have every right to seek what you deem as appropriate medical care. An auto insurer cannot direct you to a certain medical care provider unless you've signed for a preferred provider organization discount. Keep in mind, however, that embellishing your medical bills or seeking unnecessary treatment raises red flags for insurers: Be prepared for a letter from the insurer saying it won't pay all of the medical expenses if you've sought extensive treatment for a minor injury.
In addition, don't give up your right to choose an auto-repair facility. Finding a repair shop that performs quality work independent of insurers can save you the hassle of haggling over repairs or procedures not performed at insurance company direct-repair shops (DRP). While many DRPs no doubt perform quality repairs, they sign agreements with insurers to give discounts on parts, labor, and procedures in exchange for a steady stream of crashed cars and they are known to play around with after market parts while replacing damaged spare parts. In short, the DRP might not be acting in your best interest.
Do you need an attorney?
Hiring a lawyer is not required if its a minor accident, but there are a couple of scenarios in which seeking legal counsel is a good idea. If you've been seriously injured in the accident, you'll probably want a lawyer to help keep the lines of communication open between you and the insurance company and help you receive a fair settlement.
Proving to another driver's insurer that its policyholder caused the accident might require the services of an attorney, as well. In order to prove the other driver is at fault, you have to show what the rules of the road are in the accident scenario that the other driver disobeyed the rules of the road, that the driver's disobedience caused the accident, and that the accident caused harm to you or damage to your car. That might seem simple, but it requires substantial time, research, and knowledge of the law.
If you live in a no-fault state and you've been injured in an accident, you will make your claim under your own auto insurance policy for reimbursement of medical expenses and lost wages. However, in most no-fault states, you still can make a claim for damages to your car under the at-fault party's insurance.
One other situation that should send you to a lawyer's office is when you've not been able to collect any insurance benefits within 30 days of the accident. That's a signal of big trouble: Either the insurer is getting ready to litigate against you or you have not effectively communicated with the insurer. In both cases, an attorney is helpful. (Click to see When to hire a personal injury attorney for more information.)
Important Points to remember!
- Never move an injured person unless it is to pull them to safety!!
- Do not get into arguments with the drivers of any other vehicles.
- Do not discuss the crash....how it happened or who might be a fault.
- Never admit guilt under any circumstances, There may be factors that you are not aware of
that contributed to the crash. (insurance companies and the investigating police officer will determine who is to blame.)
- Always carry a disposable camera in your car.
- Exchange all pertinent information with the other drivers.
- Do not accept any monetary compensation at the time of the crash. Medical and repair bills are
often much more than you anticipate.
- Always keep your membership card to an auto club.
|
|
|
|
Bookmark Us