If you have been injured in a collision due to the negligence of another, your hope is that the person who caused your injury has insurance. Most states require insurance coverage, but limits vary from state to state. In the event the person who caused you harm is covered by a policy of insurance, here are three key things to know about filing a claim.

 

          1. The Other Side’s Insurance Company Does Not Represent You!

 

After a collision, most people find themselves in uncharted waters, having never filed a claim against someone else’s insurance policy. Beware! You will likely be dealing with a seasoned adjuster who believes you are unfamiliar with the process. The pitfall in this situation is that the adjuster you are dealing with does not owe you a thing. Being adversarial in nature, the process does not require the adjuster to be kind or walk you through the process. His/her sole job is to pay as little as possible. Some people believe in the common decency of man and will say/do whatever is asked in order to resolve the claim. To their dismay, they learn later that they waived certain rights, while the adjuster was looking for any angle to pay as little money as possible. This, of course, benefits the other person’s insurance company, as the less money they pay, the more money they save for their shareholders, all the while keeping their customer out of hot water by obtaining a release of all of your claims.

 

          2. Maintain Control

 

In the aftermath of collision, with the chaos that ensues, it is easy to lose control, which affects your insurance claim. After you make sure everyone is safe and call for medical help if necessary, you should get the names, contact information, and insurance information of all parties and witnesses involved, if possible. Then, call the police to file a report.

 

Life will get crazy, after all you will be juggling doctors’ visits, pharmacy calls, physical therapy, time off work and the stresses associated with missing work, mounting medical bills, etc. When you throw your hands up is usually when the insurance adjuster offers you a “solution” in the form of money to put this incident behind you. It will seem enticing, after all you don’t have time to deal with what has been dealt to you. Be patient and maintain control. It pays off in the long run.

 

          3. Don’t Sell Yourself Short.

 

Injuries and other harms from collisions are serious – even if they seem minor. It is not uncommon for injured parties to have lifetime effects from an injury suffered in a collision. The common misconception is that you can come back years later to receive additional compensation for your injury. In nearly all 50 states, that is untrue. Once you settle your claim, the insurance company most often will request that you sign a release. That release will have very broad language, carefully drafted to include any possible harm and preclude any possible future recovery arising from the collision. The goal is one of protection for the insurance company’s client that caused the collision. The most common result of signing the release and receiving the pittance offered to you, is that your right to recover on your claim is barred for good. Don’t sell your injuries, harms or other losses short for money now. Make sure the nature and extent of your harms and losses are known before you agree to settle your claim. Finally, it is best to consult a lawyer in your area to determine when your claim may be forever barred, whether you settle your claim or not. All states have statutes of limitations or statutes of repose that bar claims after a certain amount of time has passed since the injury occurred. These time frames vary from state to state. Be aware that your claim doesn’t last forever, even if you are still receiving medical treatment.

 

If you or a loved one have suffered injury because of the negligence of someone else, the trial lawyers at Denton Law Firm stand ready to help you protect your rights by pursuing those responsible and holding them accountable.