Understanding the Process of Filing Insurance Claims After an Auto Accident

Auto accidents are unfortunate, often unexpected events that can leave you feeling overwhelmed and uncertain about what to do next. One of the most crucial aspects of managing the aftermath of a car accident is navigating the process of filing insurance claims. While we advise injured victims to hire an experienced personal injury attorney, we understand that some may choose to handle their claim on their own. Knowing what steps to take and understanding the insurance claim process can make a big difference in how smoothly everything proceeds. In this article, we’ll guide you through the steps and offer tips to ensure your auto accident insurance claims are handled efficiently and effectively.

Immediate Steps After an Auto Accident

Before delving into the specifics of filing insurance claims, it’s essential to address the immediate steps you should take following an auto accident. These actions not only protect your well-being but also play a critical role in ensuring a smooth insurance claim process.

1. Ensure Safety First: It’s important to ensure the safety of everyone involved. If possible, try to move the vehicles out of traffic to a safe area. Turn your hazard lights on and call emergency services for medical assistance if necessary.
   
2. Call the Police: Even if the accident isn’t severe, it is important to call the police. It’s important to have a police report for the insurance claim process, as it provides an official account of the incident.
   
3. Document the Scene: Make sure to take photos of the accident, area, vehicle damage, license plates, and any visible injuries. Collect contact information from witnesses, if available. This documentation will support your auto accident insurance claims.
   
4. Exchange Information: Ask for the name, address, phone number, insurance details, and driver’s license number of the other driver(s) involved. This information is vital for the insurance claims process.

The Insurance Claim Process

Once the immediate post-accident steps are completed, it’s time to focus on the insurance claim process. Understanding this process can help alleviate stress and ensure that your car accident claims are handled correctly.

1. Know the Different Parts of an Auto Accident Claim in Nevada:It is important to understand that there could be different types of auto accident claims in Nevada, and they are often made at different stages of the process:
   
   • Property Damage Claim – The property damage claim is handled first, usually immediately after the crash. You may have the option to have your own insurance company handle the property damage claim if your policy provides coverage for it, or have it handled by the at-fault party’s insurance company. If you opt to have your own insurance company deal with your property damage claim, you will have to pay your deductible, but you can obtain reimbursement for this deductible from the at-fault party’s insurance company. It is often faster to have your insurance company handle the property damage claim, as the at-fault party’s insurance will have to first conduct an investigation that could take anywhere from a few days to a few weeks.
     
   • Bodily Injury Claim – The bodily injury claim refers to claims for physical injuries and the accompanying harm and losses, such as medical bills, pain, suffering, lost enjoyment of life, and wage loss. These claims are presented to the at-fault driver’s insurance company but only after the injured person has completed medical treatment or otherwise knows the full extent of their injuries. Note that, in Nevada, the at-fault party’s insurance is not going to pay your medical bills as you incur them; they pay for them through a settlement once you have completed your treatment. Bodily injury claims should not be settled until you know the full extent of your damages, because once a settlement is reached, it cannot be undone. In Nevada, you have up to two (2) years to reach a settlement without a lawsuit; if you can’t reach a settlement by the second anniversary of your car accident, you must file a lawsuit or be forever barred from seeking compensation.
     
   • Uninsured Motorist (UM) Claim – A UM claim is made for physical injuries sustained from an accident, and it is presented to your own insurance company if you have UM coverage and if the at-fault driver does not have auto insurance. Your UM policy is obligated to cover the damages the at-fault driver would have been responsible for up to the limits of your UM policy. Like the Bodily Injury claim, this is made once you know the full extent of your injuries.
     
   • Underinsured Motorist (UIM) Claim – A UIM claim is made if the at-fault party does not have enough insurance policy limits to cover all of the harms and losses you sustained as a result of an auto accident. It is made only after you’ve settled the Bodily Injury Claim with the at-fault party’s insurance company and only if you have UIM coverage.
     
   • Medical Payments (“MedPay”) Claim – Some drivers carry Medical Payments coverage, also known as MedPay, under their own auto insurance policy. MedPay covers the bills you incurred as a result of an auto accident, regardless of fault, up to the limits of your MedPay. You can present a MedPay claim after you’ve received a medical bill, which you will then forward to your auto insurance company. 
     
2. Understand Your Coverage: Before filing insurance claims, look over your auto insurance policy to understand the extent of your coverage. Policies usually include different types of coverage such as liability, collision, comprehensive, medical payments, and uninsured (UM)/underinsured motorist (UIM) coverage. Knowing what your policy covers will help set your expectations during the insurance claim process. Your car accident attorney can obtain coverage information if you don’t have it, and also explain the different types of coverages to you.
   
3. Notify Your Insurance Company: It’s imperative that you contact your insurance company to report the accident as soon as possible. Provide all necessary details, including the police report number, the other party’s information, and your documentation of the accident. Notifying your insurance company does not mean you are, in fact, presenting a claim to them. Even if you are not presenting a claim, it is advisable to notify your insurance company. Cooperation with YOUR insurance company is essential. Provide them with all requested information promptly.
   
4. Retain an Experienced Car Accident Attorney: It is always advisable to hire an attorney to represent you and deal with your auto accident claims, regardless of how “minor” the injuries or the crash seems. The more serious the injuries, the more reason to hire an attorney. However, even the “minor” accidents can prove problematic, as auto insurance companies view accidents with little visible property damage with skepticism. Car accident attorneys work on contingency fees, so clients don’t pay any money up front. In other words, the car accident attorneys only get paid if they obtain a monetary award or settlement for the injured victim. Contingency fees allow those injured in car accidents to obtain the legal expertise to help them navigate the legal and insurance processes, ensuring that you receive fair compensation. This is a common car crash advice search, as many people want to ensure they’re taking the right steps to protect their interests.
   
5. Dealing With the Other Driver’s Insurance: If you anticipate making a Bodily Injury Claim or opting to have the at-fault party’s insurance take care of your property damage, then you will need to communicate with the other driver’s insurance. In dealing with any insurance company other than your own, it is important to remember that the company’s job is not to protect you but to protect their own insured and their own interests. In other words, they are looking for a way to deny or minimize your claim. Document all communications you have with the other insurance company and follow up conversations with written confirmations.
   
   • CAVEAT: If You Do Hire an Attorney, DO NOT speak to the other driver’s insurance company: The job of the other driver’s car insurance is to protect the other driver or their insured and not you. The other driver’s insurance goal is to obtain information that will help prove that their driver is not at fault or that you are not as injured as you claim. This is why it’s important to hire a car accident attorney. Your car accident attorney will speak to the other driver’s insurance company and provide them with the necessary information to open the claim.
     
   • Proof Of Loss Forms: One of the first written communications you may receive from the at-fault party’s insurance company is a letter asking you to complete “proof of loss” forms. Under Nevada law, auto insurance companies cannot require you to complete their forms or any particular form to present a Property Damage or Bodily Injury claim. You do not need to complete these forms, even if the insurance company tells you that they will “close” your claim. You have the ability to settle a bodily injury claim until the two (2) year statute of limitations expires. Remember, however, if you fail to settle your bodily injury claim by the second anniversary of the car accident or to file a lawsuit, you can no longer make a claim. So be sure to settle your case or hire a car accident trial attorney and file a lawsuit well before the second anniversary.
     
   • Medical Records Authorizations: If you are injured, the at-fault party’s insurance may likely request that you sign a HIPAA-compliant medical authorization. This authorization allows the insurance company to obtain your medical records directly. You do not need to sign these authorizations in most cases. You can obtain your medical records yourself and provide them to the at-fault party’s insurance when you have completed your treatment and are ready to negotiate and settle your case. If you did have pre-existing medical conditions that were aggravated by the subject crash, the at-fault party’s insurance company may want to see prior medical records to evaluate the extent of the aggravation.
     
6. Assigning an Insurance Adjuster: After each insurance company is notified, they will each assign an adjuster to your case. The adjuster’s role is to investigate the accident, assess the damage to your vehicle, determine fault, and estimate repair costs. They will contact you for any additional information and may inspect your vehicle personally or request you take it to a designated shop.
   
7. Damage Evaluation and Repair Estimates: Generally, if the accident is not your fault, you can go through either your own insurance company or the other driver’s insurance company to deal with the damage to your vehicle. You can go through your own insurance company if you have either Comprehensive or Collision Coverage. Sometimes, finalizing the property damage claim is quicker if you go through your own insurance company, whose job is to protect you. While you do have to pay for any deductible, you can obtain reimbursement of that deductible from the at fault insurance company. If you go through the at-fault driver’s insurance company, you don’t have to pay your deductible, but you may have to wait a little longer until they complete their investigation and liability determination. You are also entitled to reimbursement for rental car expenses from the at-fault party’s insurance.
   
8. Approval and Repairs: Whoever’s insurance company you choose to deal with your property damage, they will provide an estimate of the repair costs or, if your vehicle is declared a total loss, provide you with their evaluation of the actual cash value of your vehicle.  After agreeing on the settlement amount, the insurance company will either pay the repair shop directly or issue a payment to you. You can then have your vehicle repaired at a repair shop of your choice. The repair shop may find additional hidden damage, and if they do, they will send a supplementary estimate to whichever insurance company is dealing with the property damage.
   
9. Get the Medical Treatment You Need: Medical treatment helps you recover and gets you back to your pre-accident well-being. In addition, medical treatment provides documentary proof of your injuries and the extent of those injuries. Once you have completed your medical treatment, gather all the records, bills, and receipts. If you hire an accident attorney, your attorney will gather those records and bills, as well as documentation of any wage loss.
   
10. Bodily Injury Claims and Injury Settlements: If you or your passengers sustained injuries in the accident, the insurance claim process may involve claims for injuries and associated medical bills as well. Your car accident attorney will submit a demand with supporting evidence of your injuries and medical treatment to the at-fault driver’s insurance company once you have completed treatment. As you go through your medical treatment, it is important to keep a list of all the medical providers you visit, as well as any out-of-pocket expenses you incurred, and give that list to your accident attorney.

Challenges in Filing Insurance Claims

While the insurance claim process is designed to provide financial support after an accident, it’s not always straightforward. Understanding common challenges can help you navigate them effectively.

1. Disputes Over Fault: One of the most significant challenges in filing insurance claims can arise when there is a dispute over who was at fault. In such cases, both insurance companies will investigate, and the claims process may take longer. Clear documentation and the police report will be vital in these situations. Your car accident attorney will also gather as much evidence as possible, including reviewing and analyzing photos of the vehicles involved and the car accident scene, speaking with any witnesses, locating and obtaining any videos of the collision, and obtaining or preserving any electronic data record or “black box.” Car accident attorneys will also apply the rules of the road and other traffic laws in assessing who is liable for the accident.
   
2. Underinsured or Uninsured Drivers: If the at-fault driver is underinsured or uninsured, your own uninsured/underinsured motorist coverage becomes critical. Filing insurance claims in these cases requires careful attention to your policy’s terms to ensure you receive the compensation you are entitled to.
   
3. Disagreement on Damage Estimates: Disputes can arise over the cost to repair a vehicle, over the actual cash value of a vehicle declared to be a total loss, or whether a vehicle should be deemed a total loss. Sometimes it may be necessary to obtain multiple property damage estimates, and negotiation may be required to reach a satisfactory resolution.
   
4. Disagreements Over the Extent or Seriousness of Your Injuries: A claimant must prove not only that the other driver is at fault but also that the claimant’s injuries directly resulted from the subject accident and the extent of those injuries. Disputes about the extent of a claimant’s injuries are common in accident injury cases, particularly if the accident is considered “minor” or does not involve significant property damage. Proof of the extent or severity of injuries or that the subject accident caused the injuries requires medical documentation and, sometimes, medical testimony.

Tips for a Smooth Post-Accident Insurance Experience

Dealing with car accident claims can be a challenge, but following these tips can help your car accident attorney:

1. Seek Medical Attention and Follow Your Doctor’s Advice: Doctors and other medical professionals generally want to help you get better, and they know the steps and options you need to take to recover. The law also requires injured victims to mitigate their damages by undergoing reasonable medical treatment or procedures. An injured victim generally will have difficulty claiming they are permanently injured unless they’ve attempted to get better.
   
2. Preserve Evidence: Your attorneys need evidence to prove who is liable for the accident, and you can help your attorneys by taking photos or videos of the vehicles involved and any skid marks and other debris at the accident scene, collect the contact information for any witnesses, save the videos that may be on any dashcam in your vehicle, and take photos of any visible injuries.
   
3. Keep Track of Your Medical Providers: A critical part of a car accident claim is documenting your injuries. Insurance companies don’t take your word that you’re injured. As the injured person’s attorneys, we must prove that you are injured. To prove your injuries, we rely on your medical records. Once you have recovered, we obtain your medical records directly from your medical providers. So it’s important to keep track of who you’ve seen.
   
4. Communicate Regularly with Your Attorney: Until we have all of your accident-related medical records, our main source of information is you. As a client of Carvalho & Associates, you’ll often hear from us to check on how you are doing and whether you have any questions or concerns. There may be other times we need information to assist with our investigation.
   
5. Don’t Post on Social Media:Insurance companies now routinely search through an injured victim’s social media for photos and other posts that they can use to argue that the victim is not as injured as claimed.

Secure Expert Legal Guidance After an Auto Accident with Carvalho & Associates

Navigating the post-accident insurance claims steps is crucial to securing the financial support you deserve, but it doesn’t have to be overwhelming. With a clear understanding of each step—from the initial actions at the accident scene to dealing with insurance adjusters—you can approach the process with confidence and clarity. At Carvalho & Associates, proudly serving the Las Vegas valley, we are committed to guiding you through this challenging time. If you’ve been involved in an accident and need expert legal assistance, our dedicated team is here to ensure your rights are protected and to help you achieve the best possible outcome. Contact us today for a free consultation and take the first step toward a secure and stress-free recovery.