Being involved in a car accident can be overwhelming, but knowing how to file an insurance claim properly is crucial for protecting yourself financially and legally. At Cooney & Conway, we are your legal partner when it comes to motor vehicle accidents and claims. This guide walks you through the process, from the immediate steps after an accident to navigating the final resolution of your claim.
1. Your Immediate Steps After an Accident
Your actions in the minutes and hours following a collision can significantly impact your claim's success. Before even thinking about the claims process, prioritize these essential first steps:
Ensure Safety and Check for Injuries
If possible, move vehicles to a safe location and check all parties for injuries. Call 911 immediately if anyone requires medical attention. Even minor symptoms should not be ignored, as some injuries may not be immediately apparent.
Contact Law Enforcement
Having an official police report is invaluable for your claim. Police documentation provides an objective account of the accident and often includes a preliminary determination of fault. Request a copy of the report or the report number for your records.
Exchange Information
Collect comprehensive information from all drivers involved, including:
- Full names and contact information
- Insurance company names and policy numbers
- Driver's license numbers
- License plate numbers
- Vehicle makes, models, and years
Document the Scene
Use your phone to take photos of all vehicles from multiple angles, showing damage, the overall accident scene, road conditions, traffic signs, and any visible injuries. These visual records serve as decisive evidence during the claims process.
Gather Witness Information
If bystanders witnessed the accident, request their contact information. Independent witness testimony can be decisive when fault is disputed.
2. Report the Accident
Notify Your Insurance Company
Report the accident to your insurer as soon as possible, regardless of fault. Most policies require prompt notification, and failing to report quickly could jeopardize your coverage. Provide basic facts, but avoid detailed statements until you have a complete understanding of the situation.
3. Seek Medical Treatment
Visit a healthcare provider promptly after an accident, even if you feel fine initially. Some injuries, particularly soft tissue damage and concussions, may not manifest symptoms immediately. Medical records create a crucial link between the accident and your injuries.
Follow all treatment recommendations and attend all follow-up appointments. Insurance companies can use gaps in medical care to argue that your injuries are not serious or not related to the accident.
4. Build Your Claim
Collect all relevant documentation, including:
- The police report
- Medical records and bills
- Repair estimates
- Photos of damage and injuries
- Witness statements
- Work absence documentation
- Correspondence with insurance companies
Determine Liability
Understanding who was at fault affects how you proceed with your claim. In "fault" states, the responsible driver's insurance covers damages. In "no-fault" states, your own insurance covers your medical expenses regardless of who caused the accident, but property damage claims still follow fault-based rules.
Calculate Your Damages
Compile all accident-related expenses, including:
- Medical costs, including anticipated future treatment
- Vehicle repair or replacement costs
- Lost wages and diminished earning capacity
- Rental car expenses
- Pain and suffering
When to Seek Legal Representation
While many claims resolve smoothly, certain situations benefit from professional legal assistance:
- Severe injuries with substantial medical costs
- Disputed liability cases
- Claims involving uninsured motorists
- Lowball settlement offers
- Permanent disabilities resulting from the accident
Cooney & Conway Can Help
Navigating the complex claims process while recovering from injuries can be challenging. The experienced attorneys at Cooney & Conway specialize in helping accident victims secure fair compensation for their injuries and losses. Our team provides personalized representation, handling insurance negotiations while you focus on recovery.
At Cooney & Conway, our results speak for themselves, and we take our role as your advocate in earnest. If you were recently involved in a motor vehicle accident and are currently seeking counsel, contact Cooney & Conway today for a free consultation about your car accident claim and discover how our experienced legal team can make a difference in your recovery journey.