| How
Do I Make a Claim Against An Insurance Company?
The
decision to make a claim against an insurance company generally
should be based upon the fault of the other driver and the extent
of injuries and damages you suffered as a result.
Of course, not every auto accident will or should result
in a claim. This is especially true in the situation where
the thought process is to collect a few thousand dollars as
part of some nuisance-type settlement.
When claims are made, they can be discovered in any subsequent
litigation and could potentially hurt an otherwise legitimate
case. Thus, the decision to pursue the claim should be made
only when an injury and medical expenses have been sustained.
Once the decision to pursue the claim has been made, the
next determination is how to go about making the claim. The
answer to this question may depend on which insurance company
you are attempting to make a claim against, yours or the other
driver's.
When an accident occurs, the police are called to the scene
and the investigating officer will fill out an accident report.
He will then give to both drivers a copy of the item number
or accident report number so that the accident report can
be obtained when he is finished completing it.
The report will contain the names of the other driver and
insurance company. It also usually contains the policy number
under which the other driver is insured. Virtually all insurance
companies have toll free numbers for reporting claims which
can be used to report the accident. Of course, you will need
the name of their insured, policy number, date of accident
and item or accident report number. They may also seek information
about your insurance. Then a claim number will be assigned
to your claim which you can use for future communications
or for reference when checking on the status of the claim.
Most of the time the other driver's insurance company will
contact you before you can contact them. This assumes that
the other driver has reported the incident to his insurance
company, which is not always the case. If they contact you,
make sure you tell them that you want to know the claim number
they have set up to process your claim against their driver.
It is also important to report the accident to your own insurance
company even if you are not at fault in the accident. You
may have certain coverages that will immediately pay for your
property damage and medical expenses without having to wait
and see if the other insurance company will accept or deny
your claim. If your own insurance company pays you, they will
then seek to recover their money from the other insurance
company. This is called subrogation.
Be careful when discussing the accident with an adjuster
for the other driver's insurance company. Avoid giving statements
or recorded testimony about how the accident occurred. Those
details are usually contained on the accident report which
can easily be obtained by the adjuster. If the accident report
is accurate, simply refer the adjuster to it.
Adjusters frequently try to elicit a statement from the opposing
party in an attempt to minimize your damages or deny your
claim. Give only the information that is absolutely necessary
and contact an attorney if you have any doubts or questions
about what information to provide.
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