If you were injured in a California car accident, filing an insurance claim against the at-fault driver’s auto insurance policy’s liability coverage is one of your main avenues for seeking the compensation you need. When it comes to personal injury auto accident claims, understanding the steps in the insurance claim process and the common pitfalls to avoid is crucial. It can make a big difference in the outcome of your case. Every step matters, from reporting the accident and gathering evidence to dealing with adjusters. Knowing what to do (and what not to do) can help protect your rights and improve your chances of getting reasonably calculated compensation for your injuries.
Steps to File a Car Accident Injury Claim
The auto insurance claim process begins directly after the accident and involves several key steps, from reporting the accident to seeking medical treatment and negotiating with the insurance company. An experienced car accident lawyer can assist you by handling your claim while you focus on recovering from your injuries.
Report the Accident
One of the first steps in any auto insurance claim is to report the accident to the police and your insurance company. Drivers involved in accidents resulting in injury, death, or property damage exceeding $1,000 must report the accident to the police. When the police arrive to investigate the accident, you should request a copy of their report when filing your insurance claim.
Even if you don’t believe you are responsible for the accident, you should report it to your insurance provider. Suppose you must file an uninsured or underinsured motorist claim or are partially at fault for the accident. In that case, your insurance provider likely requires that you notify it of the accident to be covered.
Exchange Information with the Other Driver
It’s essential that you exchange insurance information with the other driver(s) involved in the accident. Since California is an at-fault auto insurance state, you usually file a personal injury claim with the at-fault driver’s liability coverage insurance.
File a Claim with the At-Fault Driver’s Insurance
Once you have the at-fault driver’s insurance information, you can call the insurance provider to initiate a claim. After an accident, the insurance company will give you the paperwork to begin your claim and launch their investigation. But to maximize your insurance claim, it’s essential to go beyond just completing forms. Ensure you gather all relevant evidence, track your medical treatments and expenses, and avoid common mistakes when dealing with adjusters. Being proactive and informed can help you get the full compensation you deserve.
Continue Medical Treatment and Gather Evidence
While you should always seek immediate medical treatment and collect evidence from the scene when possible, it doesn’t stop there directly after a car accident. It’s important to follow up with your medical treatment and work with an attorney who can continue collecting key evidence to support your claim.
Suppose you don’t continue with your medical treatment and don’t have sufficient evidence pointing to the other driver being at fault for the accident. In that case, it may be hard to challenge the insurance company’s fault determination.
Insurance Claim Negotiations
After investigating the accident, the insurance company will accept or deny your claim. If it agrees with your claim, the next step is negotiating the compensation. Insurance companies always want to pay as little as possible, so you should be wary of their first offer.
The best way to make the most of settlement negotiations is to have a personal injury attorney negotiate on your behalf. Car accident lawyers have extensive experience dealing with insurance companies and can help you avoid accepting a lowball offer.
Litigation
If the insurance company denies your claim or refuses to offer a fair settlement, your lawyer will file a lawsuit and prepare to take your case to trial. The threat of litigation can encourage the insurance company to settle your case for a fair amount. And if it continues to avoid settling, your lawyer will seek the maximum compensation available at trial.
What Compensation Can You Receive from a Car Accident Injury Claim?
You can seek compensation for economic and non-economic losses through your car accident injury claim. Economic losses are those with tangible value, while non-economic losses are those with intangible value. The most common losses car accident victims seek compensation for include:
- Past and future medical expenses, including hospital stays, prescription medications, medical treatments, surgeries, medical devices, and physical therapy
- Wages lost due to being out of work while recovering from injuries
- The loss of future earning capacity caused by the impact the victim’s injuries have on their ability to work
- Physical pain, emotional pain, and suffering are experienced by the victim because of their injuries
- Emotional distress, including anxiety and post-traumatic stress disorder, the victim continues to experience because of the accident
- Disability accommodations, including hiring in-home care or modifying a home or vehicle to make it accessible
Evidence to Support Your Injury Claim
To support your injury claim, it’s crucial that you collect the right evidence. An experienced car accident lawyer can gather the following types of evidence through their investigation:
- Traffic camera footage showing the accident or the events leading up to or following it
- Accident scene photographs showing the damage to the vehicles, the road conditions, and relevant traffic signs and signals
- Eyewitness statements that back up your injury claims about how the accident occurred or provide additional details
- Expert testimony, such as from medical professionals and crash reconstruction specialists
- Medical bills and records detailing your injuries and the treatments your doctors prescribed for them
Mistakes to Avoid When Filing a Car Accident Injury Claim
When filing a car accident injury claim, several mistakes could harm your chances of securing the necessary compensation. Some of the most common mistakes to avoid include:
- Failing to collect evidence at the accident scene, including photographs of the damaged vehicles and eyewitness contact information
- Posting about your case on social media, or even posting on social media at all, as the insurance company will likely be monitoring your activity
- Accepting the first settlement offered by the insurance company, since they tend to start with lowball offers
- Speaking to the insurance company without first consulting a lawyer who can prevent you from saying anything that may damage your case
- Do not hire a lawyer to handle your personal injury cases, and do not communicate with the insurance company on your behalf.
Contact Our California Car Accident Lawyers
If you were in a Huntington Beach car accident, contact DJA Injury Attorneys at (949) 229-7228 for a free consultation with a skilled California car accident lawyer. Our team is here to help you understand your rights and take the first step toward securing the necessary benefits.
We’ll review your case, explain your options for seeking compensation, and walk you through the steps of filing a car accident injury claim.