How Do I Make a Personal Injury Claim to a Car Insurance Company?
The first step in notifying the at-fault driver's insurance company would be to simply call and set up a claim with them. They will assign a claim number and schedule a time to take a recorded statement. They will also ask you to sign a medical authorization in order to obtain copies of your accident-related medical records.
Be Careful with Recorded Statements
However, I would never advise anyone to give a recorded statement to an insurance adjuster without first speaking to an attorney. Many claims adjusters will attempt to minimize your injuries and place fault on you for the accident. In some states, such as Alabama, the doctrine of contributory negligence prevents a claimant from recovering for their injuries if they were partially at fault for the accident.
Your Own Uninsured Insurance Carrier
Another potential pitfall is failing to properly notify your own underinsured/uninsured carrier. Most states require every licensed driver to obtain liability insurance coverage. Each policy usually has uninsured coverage to protect you if the at-fault driver does not have coverage. It is common for the insurance policy to require reasonable notice of the accident and that other procedural requirements be met in order to recover under your uninsured coverage. A personal injury attorney can help with this.
The Initial Settlement Offer
Once the claim has been assigned to a specific adjuster, they will monitor your medical progress until you reach MMI(maximum medical improvement). After obtaining all the records and bills, they will normally make an offer of settlement, taking into consideration items such as lost wages and out-of-pocket expenses. They will rarely seriously consider mental anguish or pain and suffering, yet another reason to hire an attorney to assist.
The Accepted Settlement is Final
Unlike worker's compensation injuries, where the work compensation carrier is responsible for paying all accident-related medical bills for life, a personal injury settlement with the other driver's insurance carrier is final. Once you have agreed on a settlement figure, the adjuster will deliver a check, conditioned on your signing a full and final release. The release will typically be worded to end the matter for good, barring any future claims for compensation. For this reason, I strongly urge anyone with a serious personal injury claim to speak with an attorney before signing a release.
