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Who Files an Insurance Claim in a Car Accident?

After the initial shock of an accident and ensuring that everyone is okay, one of the first thoughts to cross everyone’s mind is the financial implications of the situation. In 2021, more than 6 million vehicle crashes occurred in America, and more than 2.4 million people were injured. As a result, auto insurance companies deal with millions of claims a year. Knowing who files an insurance claim in a car accident can help speed up the process and ensure compensation comes from the right policy.

The Insurance Claim Process

In an ideal situation, the at-fault party would file a claim with their own insurance company to cover the damages and costs from the accident. But no matter who is at fault, never assume that the other driver has reported the accident. After the accident, collecting everyone’s insurance information, including their provider and policy information, is essential. Learning how to obtain police reports from car accidents is also helpful. With this information, call the other driver’s insurance company and only state the facts about what happened.

All drivers should also contact their own insurance company in case the at-fault driver’s policy denies the claim or something else occurs, and a collision claim is needed to cover expenses. Filing against someone else’s insurance is a third-party claim, while filing against your own is a first-party claim.

Third-party claims work differently depending on what state you’re in. In a no-fault state, all drivers would file an injury claim to their own insurer to cover medical costs. But in an at-fault state, the at-fault driver’s insurance would cover medical bills, vehicle repairs, lost wages, and more. Determining who is at fault in car accidents can sometimes be challenging. Consulting with a lawyer can help determine if you have a case against the other driver.

Filing a Legal Claim

In some cases, the at-fault driver’s insurance company may tell the other driver to go to their own insurance company as they haven’t deemed their policyholder liable for the accident. This can result from a lack of evidence or because the other driver told a different story. Dealing with auto insurance adjusters can be difficult since they don’t have any of the driver’s best interests at heart.

When filing a claim, working with an attorney, specifically a personal injury lawyer from a reputable personal injury law firm, can be very beneficial. With no upfront fees, there is no risk in seeking the help of a good personal injury lawyer when dealing with insurance companies and complicated cases. A lawyer for personal injury is vital for those injured in a car accident, as they can help ensure medical costs are covered, as well as additional compensation for lost wages and pain and suffering. A consultation with the best personal injury lawyer can also help answer tricky legal questions like, “Can a passenger be liable for a car accident?” or whether a driver is entitled to sue in a no-fault state.

Meet With an Experienced Auto Accident Attorney

Who files an insurance claim in a car accident can vary depending on the state in which the accident occurred, as well as each driver’s insurance policy. An experienced auto accident attorney from Avrek Law Firm, the leading personal injury law firm in California, can help you navigate the complex insurance rules and systems to ensure you get fair compensation for injuries and damages. At Avrek Law in Newport Beach, CA, we have assisted in over 45,000 cases in which we recovered more than $1 billion for our clients. Contact us to book a free consultation with one of our attorneys. Feel free to call us at (949) 415-5929 or drop by our office in Newport Beach, CA, or you may simply visit our website.

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