How to File an Insurance Claim Against the Other Driver

Many states, not including California, are no-fault insurance states. The claims filing process in these states is very different from the system in California. If you recently moved to California from Massachusetts, Kansas, New Jersey, or any other no-fault state, you’re in for a surprise if you’re in a Car Accident.

The Golden State is a tort state. All personal injury insurance claims against another driver must be filed in civil court. Property damage claims must be filed in civil court as well if those claims are coupled with personal injury claims. Many insurance companies handle property damage-only claims separately. Frequently, they issue checks at the accident scene, or within a few days of an accident. However, these checks usually include liability waivers. If a “property damage only” crash results in personal injury, the other driver’s insurance company typically will not pay the claim. More on that below.

In a few cases, such as a pure property damage-only claim, victims can handle the claims process themselves. But in most cases, a victim needs a California Personal Injury Laywer and not just as an advocate. An attorney also does all the claims -filing legwork, including evidence collection, at a time when most injured victims barely have the strength to get out of bed. Attorneys also evaluate cases and determine all available legal options. Frequently, there’s more to the insurance claim process than meets the eye..

Filing a Property Damage Claim

Generally, unoccupied vehicle property damage-only claims are the only “pure” property damage claims. Almost all car crashes, even “minor” ones, cause some personal injury. Victims in these cases definitely need lawyers. The insurance company likely has a team of lawyers, so an unrepresented victim handling the injury claims process alone is like a high school team playing against an NFL team. It’s not a fair fight.

Pure property damage claims often require legal representation. If the tortfeasor (negligent driver) didn’t leave a note, an attorney must review electronic and other evidence to determine whodunnit. Alternatively, these victims could file insurance claims with their own insurance companies, if they have UM/UIM (uninsured or under-insured motorist) coverage.

Occupied property damage-only claims are almost never property damage-only claims, Even a low-speed collision, like a parking lot fender-bender, could cause injury, like whiplash. This soft tissue injury, which damages nerves in the cervical spine, could cause paralysis.

As mentioned, when adjusters issue checks, they usually require victims to sign liability waivers. Such waivers are often illegal and a lawyer may be able to invalidate it later.

On a related note, insurance adjusters often require statements in these situations. Speaking with the other driver’s insurance company is usually a bad idea. Later in the process, insurance company lawyers can twist the most innocuous statements into damning admissions.

Filing a Personal Injury Claim Against the Other Driver

In a tort state, a personal injury insurance claim is based on negligence or a lack of care. Most drivers have a duty of reasonable care in most situations. They must avoid accidents when possible and always drive defensively. If a breach of care, such as impaired or aggressive driving, causes injury, compensation is available.

The insurance company must cover both economic losses, like property damage, and non-economic losses, such as pain and suffering.

Almost immediately after claim filing, insurance company lawyers typically file procedural motions, seeking to torpedo the injury claim. If lawyers do their homework, as outlined above, these motions typically fail.

Frequently, the other driver doesn’t have sufficient coverage to fully compensate victims. If that’s the case, third party liability may be available. For example, negligent entrustment occurs when owners knowingly allow incompetent drivers to use their vehicles. In such cases, these owners can be held liable for any resulting accidents.

The Claims Resolution Process

Most insurance claims settle out of court. In fact, many settle before a Los Angeles personal injury lawyer files legal paperwork. If liability is clear, the insurance company typically has a legal duty to settle the claim within thirty days.

However, in many cases, key issues such as liability (legal responsibility) and damages (amount of compensation) are unclear. The insurance company often uses this uncertainty as an excuse to delay the process.

Therefore, most claims are resolved after an attorney files legal paperwork and the judge appoints a mediator. Professional mediators facilitate discussions between the two sides in disputes. They also enforce a duty to negotiate in good faith. Mostly because of these two things (the mediator’s skill and the duty to negotiate in good faith), civil mediation is about 90 percent successful in California.

Consult Our Experienced Personal Injury Lawyers Today!

The insurance claims process in California is often complex. For a free consultation with an experienced Personal Injury Attorney in California, contact the Law Offices of Eslamboly Hakim. The sooner you reach out to us, the sooner we start working for you.