How Does My Own Insurance Coverage Affect the Claim Process?
Navigating the aftermath of a car accident can be overwhelming especially when it comes to understanding how your own insurance coverage interacts with the at-fault driver’s insurance. Here’s a breakdown of how your insurance affects the claim process, with insights from a car accident lawyer.
Understanding your policy
Familiarize yourself with your Charlotte car insurance policy as various key coverages may come into play after an accident:
- Bodily injury liability (BI): This covers injuries you cause to others in an accident, up to the policy limits.
- Property damage liability (PD): This covers damage you cause to other vehicles or property in an accident, up to the policy limits.
- Collision: This covers damage to your own vehicle, regardless of fault, up to the policy limits (you’ll typically pay a deductible).
- Comprehensive: This covers damage to your own vehicle from events other than collisions, such as theft, vandalism, or weather events (you’ll typically pay a deductible).
- Medical payments (MedPay): This covers medical expenses for you and your passengers, regardless of fault, up to the policy limits.
- Uninsured/underinsured motorist (UM/UIM): This covers injuries you sustain in an accident caused by a driver with no insurance (uninsured) or not enough insurance (underinsured) to cover your damages, up to the policy limits.
Types of Charlotte car accident claims and your insurance
The way your insurance comes into play depends on the type of claim you’re filing:
- At-fault accident: Your BI and PD coverage compensate the other driver for their injuries and property damage.
- Not-at-fault accident: This is the scenario where your own insurance can be particularly helpful. Here’s how your coverage can come into play:
- Collision coverage: If your car is damaged, your collision coverage kicks in, regardless of who caused the accident. You’ll pay your deductible, and your insurance company will cover the remaining repair costs, up to the policy limits.
- Comprehensive coverage: This functions similarly to collision coverage, but for non-collision related damages.
- Medical payments coverage (MedPay): This coverage helps pay for your medical bills and those of your passengers, regardless of fault. This can be crucial in the early stages of recovery, especially if you haven’t yet secured a settlement with the at-fault driver’s insurance company.
- Uninsured/underinsured motorist coverage (UM/UIM): If the at-fault driver has no insurance or not enough to cover your damages, your UM/UIM coverage can be a lifesaver. It can help pay for medical expenses and lost wages.
Dealing with fault and claim options
Determining fault in a car accident is essential. Typically, police reports and witness statements are used to establish fault, though insurance companies may have different interpretations.
- Filing a claim with your own insurance: Even if you weren’t at fault, you can still file a claim with your own insurance company for the damages mentioned above (collision, comprehensive, MedPay, UM/UIM). This can be the quickest way to get your car repaired and medical bills paid.
- Filing a claim with the at-fault driver’s insurance: This is typically the preferred route, as the at-fault driver’s insurance should cover all your damages. However, dealing with the at-fault driver’s insurance company can be time-consuming and frustrating. They may try to deny your claim, delay the process, or offer a lowball settlement. A car accident lawyer can advocate for you and ensure you receive fair compensation.
Benefits of having a Charlotte car accident lawyer on your side
An experienced car accident lawyer can handle the complexities of the insurance claim process, whether you file with your own company or with the at-fault driver’s. The attorneys at Price, Petho & Associate can help in the following ways:
- Understanding your policy: Ensuring you fully understand your own coverage and maximize the benefits available to you.
- Gathering evidence: Collecting evidence that strengthens your case, such as police reports, medical records, and witness statements.
- Calculating damages: Accurately assess your medical expenses, lost wages, pain and suffering, and property damage to ensure you receive full compensation.
- Negotiating with insurance companies: Dealing with insurance companies can be stressful. Our lawyers have the experience and expertise to negotiate on your behalf, ensuring you receive a fair settlement that reflects the true impact of the accident.
- Filing a lawsuit (if necessary): If negotiations fail to reach a fair settlement, our lawyers can represent you in court and fight for the compensation you deserve.
Maximizing your recovery after a Charlotte car accident
Here are some additional tips to make the most of your recovery after a car accident:
- Seek medical attention promptly: Your health is the top priority. Get a thorough medical evaluation to document your injuries and establish a treatment plan.
- Don’t discuss the accident with the at-fault driver’s insurance company: Without legal representation, it’s best to avoid speaking with the other driver’s insurance company. Your words could be misconstrued and used against you.
- Maintain detailed records: Keep track of all medical bills, repair estimates, lost wages documentation, and any other accident-related expenses.
Understanding your own car insurance after an accident can provide valuable benefits and expedite your recovery process. However, dealing with insurance companies can be complex and frustrating, especially if the other driver is at fault.
If you’ve been in a car accident and are unsure how your insurance coverage affects your claim, don’t navigate the complexities alone. Contact the Charlotte car accident lawyers at Price, Petho & Associates today for a free consultation. We can explain your policy details, fight for fair compensation, and give you peace of mind while you focus on healing. Please call our office or complete our contact form to schedule a free consultation to discuss your claim today. We look forward to meeting you at one of our office locations in Charlotte, Rockingham, or Rutherfordton.
Attorney Doug Petho is the owner and founder of Price, Petho & Associates. His primary focus is the litigation of plaintiff’s personal injury suits, and he has successfully tried hundreds of cases to jury verdict involving car accidents, trucking accidents, pedestrian accidents, slip and fall accidents, and work-related accidents. Contact his office in Charlotte today.