There is much to know about filing an insurance claim after a car accident. First, the insurance claims process does not always end with the claimant receiving a fair amount of money. You have to advocate for yourself and ensure that nobody—insurance companies included—violates your rights.
Hiring an Athens car accident lawyer may make sense. If you want to ensure no insurance company (or other party) gets away with bad-faith tactics or pays you less money than you deserve, a personal injury attorney will help.
A Few Facts Every Accident Victim Must Know About Filing an Insurance Claim
Knowledge can be powerful when it comes to car accident claims. Having the right knowledge may spare you from devastating financial losses (and set you up to secure the money you deserve).
You Have to File the Claim in a Reasonable Amount of Time
While deadlines for filing insurance claims are not always explicit, you must recognize that:
- Auto insurance providers expect accident victims to file their claims within a reasonable period of time, which generally means around a month (but, in some cases, can mean sooner than that)
- If you do not file your auto insurance claim within a timeframe the insurer deems reasonable, the insurer may deny the claim
- There are legitimate reasons for not filing an auto insurance claim promptly after the accident—if someone were in a coma, for example, they can not be reasonably expected to file a claim
The primary point is that you should not wait to hire a car accident lawyer so that they can ensure the filing of all necessary insurance claims.
Fault Almost Always Matters
When it comes to handling auto insurance claims, most states fall into one of two categories:
- No-fault state: In no-fault states, every driver’s auto insurance provider pays for their own policyholder’s medical bills, at least up to coverage limits. Fault is still important in these states but not necessarily as important as fault-based states.
- Fault-based state: In these states (like Georgia), the insurance provider for the at-fault driver must pay for the medical bills of the driver who was not at fault.
Determining fault is vital even in no-fault insurance states. In these states, you may need to seek compensation from the at-fault driver’s insurance provider if the cost of your care is beyond your policy’s coverage limits. You may also be eligible to sue the at-fault motorist, but you’ll need to prove they are at fault to do so successfully.
Saying the Wrong Thing Can Have Major Financial Implications
When speaking with an insurance representative, assume the conversation is recorded. Also, assume that you will receive zero grace or leeway if you say something that can negatively affect your claim.
Be particularly careful not to:
- Say (or even imply) that you caused the accident
- Indicate that you were doing anything wrong at the time of the accident (even if the action had nothing to do with the collision)
- Suggest that you were tired, distracted, or impaired in any other way
- Suggest that your vehicle was not in good condition at the time of the accident
- State anything that you’re not 100 percent certain of
- Let the insurance representative lead you into answers or conclusions you are not comfortable with (or do not agree with)
You can see why many accident victims hire a lawyer. Dealing with insurance companies can seem like a minefield, and you may prefer to have a lawyer navigate this treacherous process.
The Insurance Company’s First Offer Is Often a Lowball Offer
Many accident victims do not realize how expensive an auto accident can be. The cost only rises when someone suffers an injury—and, in fact, tends to become more costly as the injury becomes more serious.
With the high cost of car accidents in mind, you should know that:
- The insurance company may offer you a sum of money that seems significant (and may even be multiple thousands of dollars)
- Just because an insurance company’s offer seems large does not mean it is fair
- Insurance companies often offer lowball settlements—they know that accident victims can be desperate, not thinking straight, and unaware of the true cost of the collision
It is not easy to determine the true cost of a car accident. If an insurance company offers you money shortly after the accident, it’s generally wise not to accept.
You Don’t Have to Accept the Insurance Company’s Offer
You have rights as a claimant. You do not have to accept an insurance company’s settlement offer—for that matter, we already discussed why you might be unwise to take the first offer.
Yet, some accident victims end up accepting a lowball settlement offer because:
- The insurance company pressures them to (even if the pressure is not overt or explicit)
- They are not aware of the true cost of their accident
- They mistakenly believe the settlement is fair
- They do not hire a lawyer to advise them (and protect them from making a harmful financial decision, which accepting a low settlement offer is)
Don’t be one of these claimants facing financial hardship because they accepted an unfair settlement deal.
Why Might Insurance Companies Use Bad-Faith Tactics Toward an Accident Victim?
An auto insurance policy is a contract at its core. So, if insurance companies are bound by a contract, how can they consider paying a claimant less money than they deserve?
The answer is simple: money. Insurance companies want to earn as much money as possible while paying out as little as possible. This is how for-profit organizations work.
No Insurance Company Is Ever Profitable (or Large) Enough
Auto insurance providers may face real consequences if they do not bring in substantial revenues, continue to grow, and fail to “return value” to shareholders and other stakeholders. This is a key reason why insurers are willing to challenge claims so frequently and vigorously.
Bad-Faith Tactics (Too) Often Work
The simplest explanation for why bad-faith tactics are so common in the auto insurance industry is that they often work. If they work, why change?
This is why you must be very wary of:
- Lowball offers
- Tricky questions from the insurance adjuster
- Verbal missteps
- Delays (which can be a tactic to put pressure on you)
- Other bad-faith tactics
Policyholders pay far too much to auto insurance companies just to be lowballed or denied when a car accident happens. Yet, these outcomes happen, so allow a lawyer to ensure you are not a victim of bad-faith tactics.
There Is Sometimes a Grey Area in Car Accident Claims
There is also some grey area and subjectivity when it comes to:
- Who is at fault for a car accident
- How severe the victim’s injuries are
- What forms of medical care are necessary (versus elective)
- What value pain and suffering has
- The total cost of the claimant’s losses
This room for argument makes hiring a proven, aggressive lawyer to advocate for you all the more critical. They will defend your position and make the case for the financial recovery you deserve.
Another Fact: A Lawyer Can Be a Huge Help When Resolving an Auto Accident Claim
It’s a fact that insurance companies do not always deal with claimants ethically, or at least not in the manner they should. It is also true that having a lawyer can ensure that insurance companies do not harm you through bad-faith tactics.
Consider allowing a lawyer to handle your car accident claim because:
Experienced Lawyers Know How Auto Insurers Operate
Inexperience is one reason many accident victims don’t receive the money they deserve. It is not a problem with car accident attorneys, who:
- Interact regularly (in some cases, near daily) with insurance providers
- Quickly come to see the bad-faith tactics insurance companies use
- Understanding how insurers generally operate
- Will be prepared to address any bad-faith tactics in a stern, professional manner
If you allow a lawyer to represent you, you won’t have to deal with insurance companies.
Attorneys Know How to Determine the Accurate Cost of a Car Accident
Your lawyer will leave no doubt about the cost of your claim. They will accurately calculate economic damages (like medical expenses) and non-economic damages like pain and suffering.
A precise calculation of your losses is a critical first step toward securing the money you deserve.
A Lawyer Will Have Time That You May Not Have
Those involved in car accidents typically lack time. They often have to attend doctor’s appointments and handle their usual responsibilities, all while worrying about their case.
Your case will be your lawyer’s job. They will have the time (and energy) that cases like yours require.
Law Firms Ease Their Clients’ Financial Burdens
Your car accident lawyer and their firm will help financially in several ways, which will include:
- Not asking for any upfront fee, as car accident lawyers generally use contingency fees (which means they only receive the fee if their client gets a settlement or judgment)
- Paying for case-related expenses, including fees for any experts they hire to contribute to the case
- Often helping clients with medical bills, as some cases can take a year or more to resolve, and attorneys want to ensure their clients are not delinquent on bills
Law firms often invest significantly more in their cases than their clients will without an attorney. Because the firm has more financial means than the client, they may spend the money to create a stronger case.
What Car Accident Lawyers Do for Their Clients
All a client has to do is agree to grant their attorney a portion of any financial recovery they get. In exchange, the client gets a trained, licensed, and experienced legal professional who will:
Prove Who Caused the Car Accident
There is a detective-like quality to being a car accident lawyer, as they must determine who is responsible for your accident and resulting damages. Some evidence they may use to determine (and prove) fault includes:
- Statements from eyewitnesses
- Video of the accident
- The police report detailing the accident
- Expert testimony about who is at fault
- Your account of the accident
Your lawyer will make full use of the evidence available. They will aim to neutralize any claims that you are at fault while proving beyond a doubt who is.
Manage the Insurance Companies
You now know how insurance companies can put claimants in a poor position, ultimately depriving them of the money they deserve. Your personal injury attorney will handle all interactions with insurance providers so this does not happen to you.
Document Your Recoverable Damages
Your case will include detailed proof of your accident-related losses, which may include:
- Photographs of wounds and other visible injuries
- Medical images of all internal injuries
- Medical records related to your car accident
- Testimony from mental health professionals, doctors, and any other experts whose words supplement your case
Each case is unique, as is the documentation of each client’s accident-related losses. An injury attorney’s personalized approach will ensure all your losses come to light.
Determine the Case Value and Fight for Fair Compensation
Your lawyer must establish a specific financial target for a settlement. They will establish this target by totaling the cost of your economic and non-economic damages.
Once your lawyer knows how much money you deserve, they will use one or more of their strategic options (including settling or going to court) to fight for the money you deserve.
Damages Common in Car Accident Cases
You may deserve compensation for:
- Lost income
- Pain and suffering
- Medical expenses
- Vehicle repair costs
- All other economic and non-economic harm from the car accident
Insurance companies can pay fairly, but it’s also possible a fight will be necessary. A lawyer will be helpful in either case.
Find Your Car Accident Lawyer as Soon as Possible
The sooner you hire an Athens personal injury lawyer, the sooner you can focus on your recovery and let your legal team do the fighting. There may be a deadline for filing your case, so make sure not to wait to find your car accident attorney.