Do I File a Claim with the Other Person’s Insurance or Mine?

You have been in a car accident. The other party is to blame. What do you do to get compensation for your losses? 

Your first and primary step should be to call the police, document what has happened, and then get medical care. Once you are settled, you will need to then file a claim with the insurance company for the losses you have suffered. 

The good news is that the process does not have to be too difficult in this regard. You will seek out compensation from the responsible party’s insurance carrier. However, it is a good measure to let your own car insurance company know what is going on as well, as they will likely offer some guidance for you and may encourage you to seek compensation from the other party.

An Atlanta car accident lawyer at John Foy & Associates is dedicated to providing our clients with exceptional legal support. To do that, we provide you with a free consultation to discuss your case. We can then give you insight into not just how to file a claim after an accident but how to maximize the compensation you are owed.

How to File a Claim After a Car Accident

Should you call your auto insurance company if the accident is not your fault? Will that make your rates go up?

Many people are unsure what to do after a car accident because, hopefully, it does not happen too often, and that means they are not likely to have to deal with this very frequently. Consider a few scenarios to help you know what to do in your case.

The Other Driver Is at Fault, and the Police Have Documented That

When the other driver is at fault, and you have a police report that documents that, you can and should gather information about the other driver’s insurance. We do not recommend that you contact that insurance company directly because they will try to reduce their claim and shift the blame to you.

The Other Driver Is at Fault, But They Fled the Scene

There are some situations where a person may be at fault, but they do not stop and provide their information. You should file a police report, and the police should investigate with the goal of trying to track down the responsible party. At this point, you should also contact your insurance company. 

Your uninsured motorist insurance policy should provide you with compensation for your losses. They will also likely pursue the responsible party for those losses as well.

Why Hiring a Car Accident Attorney Is Important

It may seem simple enough to pick up the phone and contact the insurance company of the negligent person to file your claim. While that may seem like the logical step – and it really should be that easy – it is not. 

The insurance company working for that person is going to do everything they can to reduce how much they pay to cover your losses. That often means that they will take steps like the following to limit your compensation.

They Try to Shift the Blame to the Accident Being Your Fault

Even if the other driver was found at fault for the incident, the insurance company may try to take steps to prove that the case was not just their driver’s fault. They may get you to admit you were tired behind the wheel or that you did not see everything that happened, which could mean you were driving while distracted.

The Insurance Company May Request Extensive Medical Records

As they work to reduce their claim, some companies will try to request your medical records and a wide range of sensitive information, looking for some clue that you may have suffered these injuries before the accident. Our goal as your attorney is to ensure they do not put your privacy at risk.

They May Stall

Unfortunately, another one of their tactics is to stall. They may continuously request information or tell you about their delays. They are working to frustrate you so that, ultimately, you agree to a settlement that may be lower just to get something in the bank.

Some Insurance Companies Will Try to Pressure You to Settle Quickly

If they know that your injuries are significant or that the amount you are asking is too little, the insurance company may try to get you to settle the claim quickly. They often will present this as a favor to you or may say they just want to help you.

No matter how nice and friendly the insurance company is, they are not working on your side. You need an attorney to help you.

What to Do Now After a Car Accident

Our attorneys can give you step-by-step instructions on what to do as you navigate this legal process. You should not file your claim with the other insurance company just yet. Instead, contact a Georgia car accident attorney as soon as possible and allow our legal team to navigate this process for you. 

Here is what you can expect.

• We will gather information from you about what occurred. As needed, we will then work to gather evidence to support your claims.
• Our legal team then goes to work to determine what all of your losses are from the incident. That way, you know exactly how much you should request from the insurance company.
• We then work to settle your claim with the insurance company, negotiating a fair settlement whenever possible. And, when that does not happen, we will go to trial for you.

Call John Foy & Associates Today

Our goal is to work continuously with you throughout this process so you do not have to worry about how to file a claim and what not to do or say. All you have to do right now is to contact John Foy & Associates to request a free consultation. We are available 24/7 to provide you with legal guidance on what to do right now.