Making a Personal Injury Auto Insurance Claim

An auto accident personal injury insurance claim can be made with your own insurer or with the insurer of the other driver if he was the responsible party. The procedure and the amount you are able to recover depends on the situation, the state where you live, and the type of claim you are making.

When to Make a Personal Injury Claim

After an accident, most people try to settle things with insurance companies first before filing a lawsuit. The way in which you do this depends on who was at fault and the state where you live. There are 12 states in the US called no fault states that have special rules. In these states, liability doesn't matter in an accident- you will automatically recover your medical bills and lost wages from your own insurance company. Making a claim here just involves letting your insurance company know what your damages are. However, in no fault states, if your injuries are sufficiently severe or your damages exceed a certain monetary threshold, making a personal injury auto insurance claim becomes trickier as you are then able to sue and must follow the appropriate procedures for initiating a car accident lawsuit.

In comparative fault states, just as in no fault states, you may begin by trying to work with the insurance company. If you were at fault, any recovery you get will be from your own insurer. You will generally not get recovery for property damage unless you have collision coverage, and you may not get recovery for medical bills unless you have bought optional personal injury protection. On the other hand, if the accident was caused by an uninsured or under-insured motorist, your uninsured motorist coverage will pick up the bill- provided you have such coverage.

If the other party was at fault, then you will make a claim with is insurance company. If they do not dispute fault, then the only issue will be how much they offer you to settle. It should be enough to fully compensate you for all your losses and injuries, including medical bills, lost wages and pain and suffering. If it isn't, consider filing a lawsuit.

Filing a Lawsuit

If you cannot get a fair settlement from your insurance company or the other driver's company, you may want to file a lawsuit if you can. You will need to prove negligence and damages, but you may recover more.

Finding Legal Help

Regardless of whether you decide to sue or not, an experienced attorney can help you file a personal injury auto insurance claim with your insurer or with the other party's insurer. An attorney can also help you decide if a settlement is fair and when you should consider filing a lawsuit.

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