Car Accidents Insurance Claim Time Limit
If you get in an accident and your car gets damaged then don’t wait for long to file a claim with your insurance company. Car accidents are having the effects like injury, death. Don’t wait too long to file the claim. It is very important to maintain the good communication with your car insurance company.
Here are some do’s and don’ts which you have to remember throughout your claiming process
Car Accidents Insurance Claim The dos
After the accident do call your insurance agent or your insurance company as soon as possible. Before going to the doctor or going to home talk to your insurance agent. Must review and try to understand your coverage before calling to your insurance company or agent. Go through the coverage and exclusion section of your policy. Make sure to keep the detailed notes of all your conversation which you had with the insurance company representative and get the name, phone number of the person you talk and don’t forget to include the name of their supervisor. Do consider whether your insurance coverage is under any other insurance policy because many peoples have more than one policy which might cover the claim. Don’t forget to click the pictures of your damaged vehicle, the accident scene and even your injuries.
Do be honest and loyal with your insurance company even if it is embarrassing. It is always better that your insurance company must know all the facts. If you give the false statement to your insurance company then it might invalidate your insurance policy and also denial of your coverage.
Try to understand the difference between the replacement coverage, depreciated and the actual cash value. If your policy is providing the replacement coverage then don’t settle the personal property loss for the actual cash value. You are required to replace the lost items before getting the full reimbursement if you are having the replacement cost coverage.
Car Accidents Insurance Claim The don’ts
Don’t give any written or recorded statement to your insurance company if you are not sure that you understand your coverage. Always remember that don’t allow your insurance company to record your telephone conversation. You can also consult the attorney if you are having any doubt. If your insurance company is offering you the appraisal of the losses then don’t accept it immediately. Many insurance companies try to get you to accept their estimator which is low. Until you obtain the legal advice don’t sign any document. Before signing any document you must consult to the attorney.
Don’t ignore the time limit which is set in your insurance policy. As many policies required the signed proof of the loss with in the set time limit. Be sure to comply with this requirement otherwise you get the written document from your insurance company. many companies allow only the one year from the date of loss in which you have to bring the legal action if your claim has not been adjusted. You can also consult to the attorney if you are not satisfied with the claim settlement within 11 months after the loss. If you get fail to do so then you might lose your right to sue.
Do you have any valid claim for the damages?
Car accident is the leading cause for the personal injury claim in the US. The minor accidents are resolved by your insurance company whereas the serious accidents or even the death are handled by the experienced injury lawyer. If you or your family members are injured in the car accident then your claim reviewed is absolutely free by the experienced accident attorney.
Statute of limitation and car insurance
You have the certain amount of time when you get in the car accident to file your claim and get it settled. Now let’s see how the statute of the limitation can affect you and even your car insurance claim.
Statute of limitation defined
The statute of the limitation is used by the legal system to define the time limits for the claim and for other legal action. These time limits are different from state to state. For instance in California you have the following amount of time to file the case regarding the auto insurance:
- 2 years for the case which involve the personal injury
- 3 year for the property damage.
Why statutes of limitations are enforced?
Statutes of the limitation are imposed to ensure the fair case. Setting of the reasonably deadline for the lawsuit is good enough because the over time:
- Memories get fade
- Evidence may get lose
- Witness move away, disappear or die
Statutes of limitations and accidents
The car accident claim for the minor personal injuries and damages to your vehicle or any other property is covered by the basic statutes while in many states it range from 2 to 6 years with some exceptions. If person dies in the car accident then the claim can be escalated to the wrongful death which might be a longer time limit in many states.
Handling the initial claim
When you get in the car accident then there is a chance that you are dealing with the claim adjuster and with the insurance company of the defaulter driver. You must report about the accident to your own insurance company. Your claim for the compensation will be covered by the other driver liability car insurance policy. if your policy includes the coverage for the uninsured and underinsured motorist then you can make the claim with your insurance company for the difference between of your claim amount up to the amount of coverage which you purchased as well as the limit of the other driver coverage. If it is insufficient then you can file the lawsuit against the:
- Other driver insurance company
- Other driver
- Your own insurance company
Working with the lawyer
If you are worried about the statute of the limitations then consider your working with the lawyer. A lawyer can help you to work with the insurance companies, helps in filing your personal injury claim with the court and also works with through the details regarding the statute of the limitations.
Claim against the government
The driver who is at fault in the car accident remembers that the statute of the limitations is different from those which are specified by the state law. In many cases the time limit are shorter for the government entities. Remember that when you are making the claim against the government agency before that consider retaining an attorney from the beginning.
If you decide to claim on your insurance what will happen?
If you are deciding to claim on your insurance then your insurance company will send you the claim form. You have to fill that form enclosing the evidence which will provide support to your claim. For example photos taken at the scene of the accident from your phone. Before sending the form back to your insurance company makes the copy of that form. If your vehicle is damaged very badly then the claim assessor will be sent to you as soon as possible. They will estimate the repair cost and provide you the list of the garages which are approved. Keep in mind that doesn’t take your car for the repair before this visit because insurance company can refuse you for the payments.
What if your car is written off?
If your car is written off then your insurance company will pay the sum equal to the value before it was damaged or stolen. If you feel that the value which is put on your car is too low then you can talk to your insurance company and still if you are not satisfied you can take your case to the financial ombudsman service (FOS).
Take a time to get it right
Sometimes you might feel the pressure to file the claim immediately so that your insurance company will not deny your claim but you don’t need to be worry about that. Try to file the claim quickly as it is the advantage of the insurance company because the quickly filed claims results in the lower payouts which are good for their bottom lines. Some guidelines are different from state to state but generally you have 2 to 4 years to file after the accident.
The effects of the accident don’t appear at the same time. You may discover the damages of your car that wasn’t appear when you first filed or sometimes the little ache in your neck turns to be something serious. You can also file the additional claim with your insurance company. At that time you may have the 90 days to a year after a loss so check with the insurance company just to be sure.
Is it ever too late to file a claim with your auto insurance provider?
In many cases the auto insurance is actually the technically which is never too late to file an auto insurance claim. Firstly you have to make one thing very clear that file the claim as soon as possible or at least talk to your insurance company just after the accident. There is no downside to file the claim whether you get in the car accident. Many insurance companies don’t put the specific time limit on their policies that in how much time you have to file your claim after the accident. Many policies state the claim should be files as soon as possible and promptly but usually this theory is not further clarified as a year later it is still the as soon as possible. When we talk about the medical problems after the accident then try to wait for weeks but not months before filing a claim. In case of the personal injury protection (PIP) then you have about 2-3 years’ time limit to file.
Will all this affect the cost of next year car insurance?
If you have made the insurance claim then keep in mind that you have lost some or your entire no-claim bonus. It will inflate your next year cover so it is very important for you to shop around to get the best deal. Many insurance companies use the data analysis to determine the risk which can affect the cost of the insurance even if your no-claim bonus is protected. Remember that once you are involved in the car accident then it’s more likely to happen again which means surely you have to pay more. Using a car insurance comparison tool is the worth way to find the cheapest deals which offers the variety of the insurance providers.