Know Your Rights When Filing Insurance Claims

After an auto accident occurs and a claim must be filed, you have certain rights and obligations in regards to filing a claim. While the actual insurance laws vary from state to state, there are some points that are generally adhered to everywhere. By knowing what your rights are, you'll be better prepared to deal with the insurance company responsible, and get your case resolved more quickly.

First, what type of claim are you making? There are two general types of claims, which are then divided into many sub-categories. For our purposes here, we are really only concerned with the main divisions, and those are whether your claim is a first party claim (filed with your own insurance company, using your own coverage), and a third party claim (filed with the other person's insurance company and using that person's coverage), both of which have separate rules for filing.

If you are filing a third party claim, it may be in your own best interest to consult your own insurance company first. In some cases, your insurance company will step in and handle the claim for you. If this is not the case for you, then your next step would be to consult the insurance company your are filing the claim with. Before you do this, it may be a wise decision to consult an accident attorney. If you have problems getting a claim settled, legal recourse may be your only option.

If, on the other hand, you are filing a first party claim, the very first step is contact your insurance company, notify them of the nature of the incident, and the type of claim you are filing. You'll need any information you have collected to back up your claim, including medical records, witness statements, and especially any police reports or other legal documents that may be available. You will most likely need a sworn proof of loss affidavit, and there may even be other required information such as a damage repair estimate. Your insurance company will be able to advise exactly what information will be required.

Once your insurance company has been contacted, you have to allow them time to complete and investigation and get back to you. This could happen within hours, but it is more likely to take at least a day or two. In most jurisdictions, the insurance company has a set time limit to respond to a claim, and that could range anywhere from 7 to 30 days, and may even be extended in some circumstances. Try to keep your patience, as it will not be helpful for you to become irate or frustrated with the insurance agent(s) you have to deal with

In the event that your insurance company doesn't follow through with their obligations, your final recourse, as with a third party claim, is to consult an attorney. For a first party claim, legal counsel is probably not the best way to start, and such an option should be reserved for when and if your insurance company fails to protect your interests.