Introduction to Handling Car Accidents
Dealing with a car accident, especially when the at-fault party's insurance takes more than three months to settle the claim, can be a stressful and frustrating experience. Whether you are seeking immediate repairs or looking for options moving forward, this article provides valuable insights to help navigate these situations.
Steps to Follow After an Accident
The most important step is to file a claim with your own insurance company. If the other party is at fault, your insurance should take over the process. They are legally obligated to provide you with a reasonable timeframe for the claim to be processed, typically within 30 days. If your insurance company handles the claim effectively, it reduces the complexity and time you have to spend on the issue.
Why You Should Contact Your Insurance First
When your insurance steps in, they deal with the other party's insurance company. You should not contact the at-fault party's insurance directly. Unless you have poor insurance coverage, your insurance provider has the responsibility to handle the settlement and insurance claims on your behalf. It's also better to avoid small claims court unless absolutely necessary, as the risks can be significant, and the amount of money involved may not be substantial enough to justify the legal process.
Insurance Obligations and Legal Options
Your insurance company must pay you for the damages, regardless of who was at fault. They may attempt to recover these costs from the at-fault party, but that is their responsibility. Your primary concern should be to get your car repaired and back on the road. The settlement may have an impact on future premiums, but that is another matter. Your focus should be on obtaining the necessary repairs and moving forward.
In Case of Uninsured Motorist Coverage
If you have third-party only insurance, you might need to cover the costs yourself, and the lesson is to improve your insurance coverage in the future. However, if you have uninsured motorist coverage, your insurance should take over the repair costs. For hit and run accidents, similar coverage would also apply, and your insurance company should handle the repairs and recovery attempts from the other party.
Claiming Damages and Moving Forward
In cases where insurance payouts are insufficient, you can sue the at-fault driver in civil court to recover the remaining damages. Some drivers have minimum insurance policies with a capped limit, which can leave you with significant costs to cover. In such situations, your insurance company may pay the balance and then seek compensation from the at-fault driver's insurance.
Real-Life Example
Consider the scenario of a traffic stop where one car is rear-ended twice due to multiple accidents and high-speed hazards. The steps involved include the initial rear-end by a car backing out and the subsequent collision by a speeding, texting truck. The final result involves extensive damage to multiple cars, an ambulance, and medical bills.
Insurance played a critical role in recovering damages. Even with a minimum policy, the at-fault party's insurance only covered up to $10,000. Your own insurance paid for the repairs and later sued the at-fault driver, eventually recovering the remaining amount.
Conclusion
In car accident scenarios, it's vital to follow your insurance company's lead and not take matters into your own hands unless necessary. Prioritize your safety and repair needs, and let your insurance handle the claim. By doing so, you can ensure that your car is properly insured and that you receive the compensation you need to get back on the road.