August 29, 2023

What Should I Expect During the Car Accident Claims Process?

Car Accident Claims Process

Knowing what to expect in the car accident claims process can help because there will be fewer surprises and you will have more confidence.

After a car accident, call 911 and remain at the scene. Gather information like photos of the other driver’s license, insurance cards, and vehicle damage if possible. It is also wise to take pictures and video of the road and weather conditions – anything that shows what caused the accident. Call your insurance company to inform them about the crash but do not get into specific details. Once immediate medical needs are attended to, your next call can be to a car accident lawyer.

Since Pennsylvania has fault-based and no-fault insurance, what happens next depends on your coverage type. With fault-based, you could be liable if you were responsible for what happened. If you have no-fault insurance, your company may provide compensation either way. There may also be the option to seek compensation from an at-fault driver who caused the accident.

Do not speak with another driver’s insurance company because you might say things that damage your claim. Ask them to talk with your lawyer. When insurance companies make initial offers, think twice before agreeing because these are often on the lower end. It is hard to estimate future medical costs in the early aftermath of an accident – your injuries could require extensive, long-term care.

How Will the Insurance Company Pay for My Damages?

Auto insurance providers pay policyholders for economic damages like medical bills but only up to the policy limits. Severe injuries requiring extensive testing, procedures and follow-up care can be expensive, and deductibles must be paid first. If you have a limited tort insurance policy, you can sue the allegedly at-fault driver if your injuries are severe enough. With the full tort option, policyholders can sue negligent parties over limits and for non-economic damages like pain and suffering.

What Happens When the Insurance Company Will Not Pay?

It is not uncommon for auto insurance companies to deny claims or make unacceptably low offers, and negotiating fair ones can be challenging without help from a car accident lawyer. They can solidify the evidence and send the company a demand letter to negotiate a settlement.

The lawyer may recommend filing a personal injury lawsuit when agreements cannot be reached. This would be filed in civil court, and the defendant gets served. They have 20 days to file an answer to the complaint. The next phase is the discovery process, gathering evidence and other information. The two sides may be able to settle on the trial date.

Settlements are preferable to personal injury trials, which take longer and are most costly.

Our King of Prussia Car Accident Lawyers at Anthony C. Gagliano III, P.C. Skillfully Guide Clients Through the Car Accident Claim Process

If you were in a severe crash and need legal guidance, contact Anthony C. Gagliano III, P.C. Our experienced King of Prussia car accident lawyers offer free consultations. Call 267-861-7100 or complete our online form today. Located in Philadelphia and King of Prussia, Pennsylvania, we serve clients in Montgomery County, Delaware County, Bucks County, Chester County, and Norristown.