State insurance laws dictate whether insurers have specific deadlines in which to settle your claim. To find out the law in your state, go to the National Association of Insurance Commissioners website and click on the link for state insurance department websites. Insurers typically won’t tell you exactly how long it will take to settle your claim because each claim is unique. The typical response to questions about deadlines is that all claims are handled “as quickly as possible.” And while that may or may not be true – there is no reason to feel powerless in the process.
What you can do. You can’t force your insurer to settle your claim by a certain date, but there are things you can do to speed up the process, such as:
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Before you think about settling, you should collect all of the documentation you need to prove your claim. Chances are, the adjuster has taken or will take a recorded or written statement from you about the facts and location of the accident, the names of witnesses, any medical treatment you received, and any expenses you had as a result of the incident. Now you must support what you told him.
The adjuster will ask for copies of all your medical bills, a medical report from your physician, documentation from your employer if you lost time at work, and proof of all other expenses. He may ask you to sign an authorization so he can obtain records of your treatment from your health care providers. All of these documents support your claim for special damages, i.e. your expenses.
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As lay people, we’re not trained to evaluate accident claims—adjusters are. But if you are handling your own insurance claim, you must become educated in evaluating such claims or you can easily be taken advantage of and not get the compensation to which you are entitled. Here are some guidelines that will help:
Facts
Know the facts about your accident. Be consistent with your story, especially if the other party is saying something different. This will help you to be credible in the adjuster’s eyes.
Liability
Whose fault was it? If it was clearly the other driver’s fault, liability probably won’t be an issue. However, if it was partially your fault, check out your state’scomparative or contributory negligence laws. In some states, your partial responsibility for the accident will bar you from recovering any money at all. In other states, you can get a percentage of your damages. CAUTION: When liability is not clear, or when it is shared, you would be wise to have an attorny, evaluate your case, give you advice, and/or handle the case to its conclusion.
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After you’ve submitted your claim to your insurance company, a claims adjuster will usually be assigned to your claim to investigate. You should receive a phone call, letter or email from the adjuster introducing him or herself and informing you of the general process their company – your company – follows. The adjuster will review your policy to see what coverage and deductibles you have and evaluate the type and extent of damage and/or injuries that resulted from the accident.
Some claims are simple; some are not. Here’s what you can expect from each:
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Generally speaking, once a claim is settled, it’s settled, and there’s no filing a lawsuit at that point. During the settlement process, your insurer will likely have you sign a settlement agreement that precludes you from suing them on that occurrenceafter the settlement has been signed and releases them from making any further payments on that claim. This bar on filing a lawsuit would not apply to future claims that are completely separate from the settled claim.
Bring legal action against your insurer after settlement might be possible under certain circumstances, but those are most likely limited to errors or different interpretations of the settlement language or process itself. The settlement document may be so poorly written that it doesn’t limit your legal options – but that’s highly unlikely. Even though language contained in the settlement may limit your legal options to arbitration, you should nonetheless have an attorney review the settlement document and discuss what options are available to you. You can find an attorney, many who may provide free consultations, at AttorneyPages.com or ask a question about settlements on our Free Advice Law Forum to see how others have handled similar situations.
Generally speaking, it depends on what happened and what injuries were suffered, and to whom. If you and your family members have not been hurt, the answer is probably no. If you or anyone you care about has been injured in the car accident, especially if there is any permanent injury, or significant time is lost from work or school or household duties, then you’ll want to see a lawyer about possibly representing you in a claim against anyone else who may be responsible for your injuries. However, even if you’re not injured, don’t entirely rule it out as the facts and circumstances surrounding car accidents are always different. It is important to look at the degree of the car accident and use your best judgment. A simple fender bender where no occupants are hurt can usually be appropriately handled through your insurer. Anything other than that deserves a bit more thought – especially in this litigious environment.
When to run to an attorney and when to walk. Contacting an attorney who deals with personal injury (especially relating to auto accidents) can provide you with the peace of mind that no stone gets left unturned. Here are some tips for when you should run to an attorney and when you can just walk:
Run to an attorney when:
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Commercial auto liability coverage provides protection for business-owned or leased commercial vehicles. Policies usually include collision and damage coverage as well as coverage for property and personal damage to others, such as bodily injuries and lost wages. Commercial auto liability protects your business”s assets should an accident occur while driving a commercial vehicle.
On-line resources. Many insurers, such as Progressive.com, Insurancetraders.com, Quotemeinsurance.com and usinsuranceonline.com, now provide free commercial auto liability quotes on-line or provide information for the nearest agent when pricing policies for large business or complicated scenarios where on-line quotes don’t work well.
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Generally speaking – yes. Most insurance coverage is connected directly to the car, so if someone else borrows your car occasionally, he or she should be covered under your policy. That being said, it is important to realize that your insurance company bases your premium not only on your car, but on the “primary” driver of that car – you. If someone else starts driving your car more than you do, contact your carrier and have them added to your policy. If your insurer finds out that you are no longer the primary driver, they may claim that you provided false information on your application and deny your claims.
Borrowing someone else’s car. When you borrow someone else’s car and are involved in an accident, his or her insurance will kick in first. However, beware of driving someone’s car if he or she has little or no insurance as your policy could be triggered once their limits are exhausted.
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Late premium payments can, and might, result in policy cancellation – even if you are only one day late! The truth is, unlike homeowners policies which generally allow for a “30 day grace period” to make premium payments, most insurers can cancel auto policies immediately for lack of payment if allowed by state law. Check the law in your state to see what grace periods are allowed. The National Association of Insurance Commissioner’s (NAIC) website (http://www.naic.org/state_web_map.htm) provides links to state insurance departments. Look under consumer information to see whether your state provides a grace period.
But will they? The good news is that most insurers won’t cancel your policy for non-payment if it is a one-time occurrence because they want your business. However, if you are chronically late, your insurer may take advantage of your non-payment and cancel your policy – especially if you’ve become a bad risk. It is also important to realize that many insurers may require you to pay your entire term balance before reinstating your coverage if you’ve passed the cancellation date on your policy.
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Umbrella coverage provides an additional layer of protection above and beyond the limits of the liability covered under your auto and homeowners insurance. An Umbrella policy can be less expensive than merely raising the limits on each of the policies separately, and sometimes can be issued in higher amounts than your auto or homeowners insurance company is willing to provide.
High coverage limits, such as an Umbrella policy provides, can be very important if you have significant assets (home, business, etc.). to protect The Umbrella policy protects you and others covered against the financial burdens of a catastrophic claim, lawsuit or judgment by (1) providing expanded liability coverage over and above your primary liability protection and (2) by increasing the amount of coverage beyond that of your auto insurance and homeowners/renters insurance. You’ll still need auto and homeowners coverage, as insurance companies require certain minimum levels of underlying coverage before they will issue an Umbrella policy.
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