After the tragic and overwhelming experience of a car accident settles down, one of the first questions many people ask is, “Where do I submit a car accident claim?” The answer depends on several circumstances, such as who was at fault and what type of insurance coverage is involved.
This article walks you through the steps to take when filing a car accident claim, provides examples of different claim types and explains how to navigate the process successfully, especially if you’ve been injured.
Where to Submit a Car Accident Claim
As mentioned at the start of this article, how you file a claim depends on several key factors:
- If You Were At Fault: Submit the claim to your own insurance company using either liability coverage (which covers the other person’s damages) or collision coverage (which covers damage to your own vehicle).
- If the Other Driver Was At Fault: File a third-party claim with the at-fault driver’s insurance company.
- If the Other Driver Is Uninsured: If your policy includes it, submit the claim to your own insurer under Uninsured Motorist (UM) coverage. This is often required or available as optional coverage in many states.
Types of Car Accident Claims You Can File
When filing a claim, it’s important to understand the differences between each type of accident claim. Examples include:
- Property Damage Claim: For vehicle repairs, replacement, or damaged personal property.
- Personal Injury Claim: Covers medical bills, lost wages, and pain and suffering, particularly important for serious injuries.
- Uninsured/Underinsured Motorist Claim: Used when the at-fault driver lacks insurance or has insufficient coverage.
- No-Fault Claim: In no-fault states, your own insurance pays for medical expenses regardless of who caused the accident. (For example, New York uses PIP – Personal Injury Protection.)
- Wrongful Death Claim: In fatal crashes, surviving family members may sue for loss of companionship, future earnings, and other damages.
How to Submit a Claim for a Successful Injury Case
To support a successful injury claim, you must build a strong case from the beginning. Key steps include:
- Gathering Evidence: Take photos at the scene, including images of injuries and vehicle damage. Get a copy of the police report, collect witness statements, and retain all medical records related to your injury.
- Notify Your Insurance Provider Promptly: Most insurance policies have strict deadlines (sometimes just a few days) to report an accident and begin the claims process.
- Submit a Formal Claim: Contact your insurer through their online portal, app, phone number, or email. The method may vary depending on the company.
Accuracy and thorough documentation are critical. Be sure to include pain levels, symptoms, and the impact the injury has had on your day-to-day life.
What Happens After You File a Car Accident Injury Claim?
Here’s what to expect after submitting your claim:
- Insurance Investigation: Once received, adjusters will review your evidence, determine fault, and evaluate the extent of damages.
- Medical Review: Your injuries will be assessed to estimate a fair compensation value.
- Negotiations: The insurer may present an initial settlement offer. You have the right to accept, reject, or negotiate the amount.
- Possible Delays or Denials: If your claim is delayed or denied, it’s wise to contact a lawyer to assist with communication, appeals, or taking further legal steps.
When and Why to Hire a Car Accident Lawyer
As explained above, your insurance provider may undervalue or deny your claim. This is a strong reason to consult with an auto accident attorney.
Legal help can be especially helpful when:
- Fault is unclear or disputed
- Injuries are severe
- The insurer denies or underpays the claim
- You’re overwhelmed by the legal process
A lawyer can help collect evidence, negotiate on your behalf, and file a lawsuit if necessary. When searching for an attorney, consider their experience, client testimonials, and whether they offer a free consultation so you can speak with them before committing.
The Car Accident Injury Lawsuit Process (If You Decide to Sue)
If you and your lawyer choose to move forward with a lawsuit, here is a general outline of what the process involves:
Consultation and Investigation: The attorney evaluates the accident, your injuries, and overall damages.
Filing a Complaint: Your claim is formally submitted to the court.
Discovery Phase: Both sides exchange evidence and witness testimony.
Settlement Talks: Efforts are made to reach a fair settlement before trial.
Trial: If no agreement is reached, the case proceeds to court.
Be aware of your state’s statute of limitations, which sets a legal deadline for filing. In many states, the time limit is 2–3 years from the date of the accident.
Common Mistakes to Avoid When Filing a Car Accident Claim
Filing a claim can come with challenges with the process making you feel confused or overwhelmed. Small missteps can weaken your case or delay compensation, so it’s important to avoid common mistakes such as:
- Waiting too long to file
- Admitting fault
- Skipping medical treatment
- Giving recorded statements without legal advice
- Accepting a low settlement too quickly
Contact a Car Accident Lawyer to Help With Your Claim
Navigating the legal process alone can be overwhelming and complex. Working with an experienced attorney can help ease the burden and ensure you pursue the compensation you deserve. With the knowledge and dedication to fight for your rights, lawyers like those at Sobo & Sobo are ready to help.
The auto accident lawyers at Sobo & Sobo are standing by to offer free consultations 24/7. Call 855-468-7626 or schedule a free appointment online to discuss your case with an experienced attorney.
FAQ’s: Filing a Car Accident Claim
Where do I submit a car accident claim?
Through the insurance portal, website, or phone number provided by your insurer.
Can I file a claim without a police report?
Yes, but doing so may slow the process and require additional evidence to support your case.
How long does the insurance company have to respond?
Depending on your state, insurers typically have 15 to 30 days to acknowledge and begin reviewing your claim.
What if I’m partially at fault?
In most states, you may still receive compensation. However, your payout will likely be reduced based on your percentage of fault.
How much is my car accident injury claim worth?
The value depends on factors such as medical expenses, lost wages, pain and suffering, and the severity of your injuries.
