Filing an auto insurance claim after a car accident can feel overwhelming, but understanding the process can help protect your rights and ensure fair compensation. Whether you’re dealing with your own insurer or filing a car insurance claim against another driver’s policy, taking the right steps is essential. 

Below, Craig Swapp & Associates explains how to file an auto insurance claim, including state-specific considerations in Utah, Idaho, Washington, Montana, Colorado, and Arizona, and highlights the role of accident lawyers in resolving disputes.

What to Do Before Filing a Car Insurance Claim

Before initiating the auto insurance claim process, it’s crucial to gather all necessary information and evidence. Here’s what you should do:

  • Document the Accident Scene: Take photos of the vehicles, road conditions, traffic signs, and any visible injuries.
  • Exchange Information: Collect names, contact details, insurance information, and license plate numbers from all involved parties.
  • File a Police Report: A police report can provide an official record of the incident, which insurers often require.
  • Seek Medical Attention: Even if injuries seem minor, visit a healthcare provider for a thorough evaluation.
  • Notify Your Insurer Promptly: Most insurance policies require prompt notification after an accident.
  • Keep Detailed Records: Maintain copies of all documents, including medical bills, repair estimates, and correspondence with insurers.
  • Avoid Admitting Fault: Be careful with your statements at the scene or when speaking with insurance adjusters, as admitting fault can affect your claim.

Proper documentation strengthens your car insurance claim and reduces the chances of disputes later.

Process of Filing an Auto Insurance Claim

Handling auto insurance claims can feel overwhelming, especially when unfamiliar terms and procedures add confusion. It is helpful to know the basic steps for filing both a claim with your own insurance provider and a claim with another driver’s provider, along with the legal guidelines that can influence each approach. 

Filing a Car Insurance Claim with Your Insurer

When you need to file an auto insurance claim with your insurer:

  • Gather Information and Evidence: Collect any evidence that documents what happened. This typically includes: photos or video showing property damage and any injuries, contact details for everyone involved, a copy of the official police report, and statements from witnesses, if available. 
  • Report the Incident Promptly: Most insurance policies have time limits for filing. Call your insurer, provide basic information about the incident, and request a claim number. The claim number will be used for reference in all future communications.
  • Cooperate with the Investigation: Once a claim is initiated, an adjuster may reach out to review evidence, assess damages, and interview you or any witnesses. Offer honest, clear statements and make sure to keep copies of all communications for your personal records.
  • Reach a Settlement: Insurance companies may present a settlement figure once they have evaluated the loss. If the offer doesn’t cover your expenses, it might be necessary to dispute the settlement or pursue a personal injury lawsuit, depending on the facts of your case and your state’s laws.

Filing a Car Insurance Claim with Another Driver’s Insurer

If the other driver was at fault, you might need to file an auto insurance claim against another driver. 

  • Confirm the Other Driver’s Policy: Write down the other driver’s insurance details and policy number at the scene or as soon as possible. Once you have this information, get in touch with their insurer to report the incident.
  • Submit Evidence of Fault and Damages: Communicate the circumstances that caused the collision and supply copies of relevant records, such as a police report or medical bills. The insurer may investigate to evaluate whether their policyholder is responsible.
  • Negotiate a Settlement: If the other driver’s insurer accepts responsibility, they may propose compensation for medical treatment, lost wages, and vehicle repairs. Carefully review the offer and consult an accident lawyer if you have questions about the fairness of the amount.

There are times when an insurance company will challenge a claim, argue about who is at fault, or understate the cost of medical expenses. Courts often rely on negligence principles to decide these questions, which may require proving the other driver’s duty of care and how a breach caused injuries. When liability or damages are contested, an experienced injury lawyer can address the legal aspects of your claim.

When to File an Auto Insurance Claim

Seeking coverage after a traffic collision may feel overwhelming, but taking prompt action can protect your rights and preserve valuable evidence. 

Most insurance policies set specific time frames for reporting accidents. Some policies require filing within days, while others allow a longer window. State laws may also require prompt notification in collisions involving serious injuries or specific property damage amounts. Delaying your car insurance claim could result in denied coverage, difficulties in gathering reliable evidence, or challenges to your version of events.

Beyond insurance policy deadlines, state statutes of limitations can affect the ability to pursue legal action. In many jurisdictions, you have a limited period – often two or three years – to bring a lawsuit for personal injuries. 

For instance: 

  • Auto accident lawsuits in Utah must be filed within 4 years of the accident.
  • The statute of limitations for auto accident cases in Idaho is 2 years.
  • Washington’s statute of limitations for car accident lawsuits is 3 years.

Missing these deadlines can prevent recovery of damages, no matter how valid the evidence might be. Filing an auto insurance claim sooner rather than later can avoid potential hurdles down the road.

Entrust Your Auto Insurance Claims with Accident Lawyers

Handling auto insurance claims can be stressful, especially when disputes arise or insurers act unfairly. 

Our car accident lawyers at Craig Swapp & Associates are equipped to:

  • Evaluate your claim’s validity
  • Gather and present strong evidence
  • Negotiate with insurance companies
  • Represent you in court if necessary
  • Provide ongoing updates on your case status

If you’re unsure how to file an auto insurance claim or feel overwhelmed by the process, seeking legal guidance can ensure your rights are protected. At Craig Swapp & Associates, our accident lawyers are dedicated to helping you secure the compensation you deserve. Call us at 800-404-9000 or contact us online to schedule your free consultation.