Dealing with Insurance After an Accident
After a car accident, there are so many tasks to keep track of that it’s easy to get overwhelmed and confused. You may find yourself trying to juggle vehicle damage, injuries, mounting expenses and major inconveniences. On top of all of that, you’re also expected to communicate with your insurance company and start the process of filing a claim.
Here in Alabama, tens of thousands of motor vehicle accidents take place on our local streets and highways every year. In fact, data from ALDOT suggests that Alabama drivers have a roughly two in five chance of being involved in an injury or fatal crash across their lifetimes. This means there’s a fair chance that at some point you will find yourself negotiating with an insurer about compensation for accident-related injuries or other losses.
At Prince Glover Hayes, we believe negotiating with insurance companies shouldn’t be the most taxing part of surviving a car accident. That’s why we’re committed to helping crash survivors in and around Tuscaloosa advocate for the compensation they deserve based on the facts of their case. Contact our team today for a free consultation, and we’ll give you an idea of how our car accident lawyers may be able to support you through the insurance claims process.
How we can help
- Reporting the accident to insurance
- Understanding your insurance policy
- How insurance companies investigate claims
- Common tactics insurers use to limit payouts
- Types of compensation you may recover
- Mistakes to avoid when dealing with insurance
- When the other driver has no insurance
- Frequently asked questions (FAQs)
Reporting the accident to insurance
When a car accident results in property damage, injuries or death, filing an insurance claim is one of the most important things you can do to begin the process of pursuing financial compensation. Even if a crash did not result in serious harm to people or property, many insurance companies require policyholders to notify them of the collision. You should always review your insurance policy after a crash to determine whether you’re required to make a formal report. Failing to do so could compromise your standing with your insurer and may even complicate future claims.
When to notify your insurance company
It’s usually best practice to notify your insurer as soon as possible after a crash. Some insurers suggest reporting within 24 or 72 hours, but most policies require ‘prompt’ notice or notice ‘as soon as practicable,’ which can be enforced strictly depending on the circumstances. Your insurance policy should give you more specific information about how long you have to file a claim. Some policies may include specific timeframes, but many require prompt notice rather than a fixed deadline.
Keep in mind that the more time that goes on, the harder it can be to track down and preserve evidence. Additionally, insurance companies may point to delays in reporting as evidence that your crash or injuries weren’t actually as severe as you’ve claimed. In their minds, if you were actually as hurt as you say you were, you wouldn't have waited so long to inform your insurance company. This is often an unfair assumption on the part of an insurance company, but it’s still important to keep in mind when making decisions about when to report your crash or file your claim.
What information to provide
When you report a crash to an insurance company, you’ll likely be asked to provide them with information about yourself and about your collision. Your insurer may ask you for:
- Names and contact information of involved parties
- Insurance information for other drivers
- The date and time that the crash occurred
- Location information about where the crash took place
- Photos or videos of the crash scene, property damage and evidence of physical injuries
- A copy of the police report (if one was filed at the time of the accident)
Here’s an important reminder: When you speak to your insurance provider, you need to provide accurate information without saying too much about who was at fault. Insurance representatives may document statements you make and could end up using them later as they’re evaluating your claim or attempting to resolve disputes.
If you start speculating about fault or mention anything that could be construed as contributory fault on your part, your recovery options may be impacted. Providing accurate information can help insurers evaluate the claim more efficiently.
Understanding your insurance policy
One of the best ways to protect your insurance claim is to follow any and all guidance provided to you by your insurance policy. As you review your policy information, you’ll find details about reporting requirements, filing deadlines, coverage limits and more. If you have a clear understanding of what is expected of you, you can reduce the risk of making serious errors or oversights.
You also want to pay close attention to the kinds of coverage you have so you can determine whether your accident will likely be covered. Your policy may include:
- Liability coverage for injuries or damage you cause to others
- Collision coverage for damage to your vehicle
- Medical payments (MedPay) coverage for accident-related medical expenses
- Uninsured or underinsured motorist coverage in case the other driver in your accident doesn’t have coverage or doesn’t have enough coverage to account for your losses
In Alabama, drivers are required by law to carry minimum liability coverage of $25,000 for death or bodily injury to one person; $50,000 for death or bodily injury to two or more persons; and $25,000 for damage or destruction of property.
Other kinds of coverage are usually voluntary, so you may or may not have MedPay or uninsured motorist coverage included in your policy. Don’t wait until after an accident to review your policy or you may be unpleasantly surprised. You should review your coverage on an ongoing basis so you can make periodic updates based on your changing needs.
How insurance companies investigate claims
Insurance companies need to make informed decisions about who was at fault for a crash so they can determine whose policy should pay for which damages. Most insurance companies rely on detailed investigations to make these determinations of fault.
Role of the insurance adjuster
During the investigation process, insurance companies usually assign an insurance adjuster to review a policyholder’s claim. The adjuster’s job is to evaluate the evidence on behalf of the insurance company and determine what compensation – if any – may be owed under the terms of the policy.
During the investigation, adjusters usually:
- Review police reports and cross-check them with drivers’ statements
- Inspect vehicle damage
- Interview witnesses who were present at the time of the crash
- Analyze medical records
- Examine photos and videos of the crash site and reported property damage
As the investigation continues, adjusters may request additional documentation or ask clarifying questions to determine how a crash likely unfolded and who may be considered at fault for purposes of the insurance claim
Types of compensation you may recover
In Tuscaloosa car accident cases, we often see survivors pursue compensation for several different categories of damages, including:
Medical expenses
If you’re injured in a crash, you may face extensive medical bills and require long-term treatment. Injured survivors often file claims that include expenses like hospital stays, surgery costs, physical therapy services, prescription medication costs and other kinds of care.
Property damage
Car accidents frequently result in damage to vehicles, personal property and other surrounding structures. Vehicle repairs can be extremely costly – particularly after a high-speed crash. Property damage claims may be used to cover the costs of necessary vehicle repairs, vehicle replacement and other property losses directly attributable to a crash.
Lost wages
When a car accident results in serious physical injuries or – in some cases – extensive emotional distress, a survivor may find themselves unable to return to work for an extended period of time. During medical treatment and recovery, claimants may miss work shifts and lose critical compensation. Some individuals also suffer permanent disabilities that make it impossible or very difficult for them to go back to the same job or work schedule they had before the crash. Lost wage compensation can help address changes in income related to these transitions.
Pain and suffering
In some cases, survivors can also file claims for non-economic damages for certain intangible losses related to their accident. This may include things like physical pain and emotional distress that they experience during and after a crash. These losses can be difficult to prove since they are often invisible. Testimony from individuals who know a survivor can help paint the picture of these losses, as well as testimony from the claimant themselves.
Mistakes to avoid when dealing with insurance
If your goal is to recover compensation for your accident-related losses, you’ll want to avoid making any mistakes that could complicate or delay the process unnecessarily. Some of the most common mistakes we see people make during this process include:
Giving a recorded statement without legal advice
Remember how we told you that the statements you give to your insurance company can come back to haunt you later on? Collaborating with an experienced car accident lawyer prior to making any recorded statements to insurance representatives can help you steer clear of making any accidentally incriminating statements or otherwise saying something that could complicate your claim.
Accepting the first settlement offer
Once you accept a slapdash settlement offer, it can be hard for you to make up any compensation gaps that may emerge down the line. You’ll want to carefully consider any settlement offers prior to accepting, and you may also want to run these offers by your attorney to ensure you don’t settle for less than you actually deserve based on Alabama law and your specific insurance policy.
Not keeping records of expenses and medical treatment
You should start building a paper trail as soon as possible after an accident. Don’t assume that medical providers, vehicle mechanics or other entities will do the heavy lifting for you in terms of documentation. Keep copies of all bills, invoices and expenditures so you can establish the full value of your losses.
When the other driver has no insurance
The standard insurance process gets a little more complicated when one of the involved drivers is uninsured or underinsured. The same holds true for hit-and-run cases where a crash survivor doesn’t get the opportunity to exchange insurance information with the other party. In any of these scenarios, your compensation options may look a bit different.
Uninsured/underinsured motorist coverage
In Alabama, insurance companies are required to offer uninsured/underinsured (UM/UIM) motorist coverage to their policyholders by default. Individuals may agree to waive this coverage, however, as drivers are not legally mandated to carry it. The waiver must be in writing and signed by you.
If you have UM/UIM coverage, you may be able to file a claim under your own policy – subject, of course, to its terms and limits – if you are struck by an uninsured or underinsured driver or involved in a qualifying hit-and-run. This coverage may be able to provide you with compensation for certain accident-related losses that would have gone unaddressed by the other involved driver’s policy.
Legal options for recovering damages
Sometimes, cases involving uninsured and underinsured motorists have to be resolved via other methods. If the driver who injured you didn’t have adequate insurance coverage at the time of the crash and you didn’t have UM or UIM coverage as part of your insurance policy, you may need to file a lawsuit against the at-fault driver (or explore other potential sources of liability depending on the circumstances). Your ability to pursue civil litigation depends on the specific facts of your case, however, so you’ll want to consult with an experienced attorney to make sure you have sufficient legal basis.
Frequently asked questions (FAQs)
Do I have to report every accident to my insurance company?
This will depend on your insurance company and policy requirements, as every policy has different reporting thresholds and timelines. It’s not unusual for policies to require drivers to promptly report all accidents to the insurance company, even when damage seems relatively minor.
What if the other driver’s insurance company contacts me?
If you are contacted by the other driver’s insurance company, you should be cordial and honest while avoiding making any admissions of fault. Your car accident lawyer can help you navigate these conversations and advise you of possible pitfalls to watch out for.
How long does the insurance claims process take?
Unfortunately, there’s no universal timeline for insurance claims. They tend to vary depending on the complexity of the accident, the number of parties involved, the extent to which liability is disputed, the severity of your injuries, and the length of your medical treatment. Your lawyer can look at the facts of your case and give you a clearer sense of what you can expect during the claims process.
Contact our Tuscaloosa personal injury lawyers for a free consultation
We all hope that filing an insurance claim after an accident will provide us with the resources we need to begin the rebuilding and recovery process. Sometimes, however, things don’t go according to plan. If you’re involved in a disputed car accident case or are wondering whether additional legal action may be warranted following a crash, the team at Prince Glover Hayes may be able to help.
We represent survivors in and around Tuscaloosa as they fight to recover fair compensation after an accident. Fill out our online contact form or stop by our Tuscaloosa office at 2311 University Boulevard, Suite A to speak with a member of our team, and let’s discuss how an experienced car accident lawyer may be able to support you after a crash.
This article is an advertisement and is not intended as an offer of legal employment.