What to Expect During the Car Accident Claim Process in North Carolina

If you’ve been involved in a car accident in North Carolina, understanding the insurance claim process is crucial to ensure you receive the compensation you’re entitled to. Below is an outline of what you can expect during this process.

Reporting the Accident

Immediately after the accident, report it to your insurance company and the relevant authorities. Providing a detailed account of the incident, including any damages and injuries, helps initiate the claim process. Make sure to obtain a copy of the police report, as this document will be important for your claim.

Documenting Evidence

Gathering evidence is a critical step in supporting your claim. Take photographs of the accident scene, your vehicle, and any visible injuries. Collect contact information from witnesses and ensure you have copies of medical records and repair estimates. This documentation will strengthen your case and help substantiate your claim.

Filing the Claim

An injured driver should report the accident to both their insurance company and the at-fault driver’s insurance company.

Even though the at-fault driver’s liability insurance company (if they have insurance) will be responsible for any damages, your insurance company may be responsible for certain types of insurance payments, such as medical payments coverage (if you have that benefit on your policy) or uninsured/underinsured motorist coverage (if the at-fault driver did not have insurance or had minimal insurance).

Also, you may be able to have your own car insurance company pay for your property damage (i.e., pay you the fair market value for your car (if totaled) or pay to have the car repaired) if the other party’s insurance company is being slow or non-responsive. This should not affect your own insurance premiums since your insurance company will seek reimbursement from the other driver’s insurance company.

Importantly, it typically is best not to agree to provide a “recorded statement” to the insurance companies about how the accident happened, or provide details about your injuries or medical treatment. Limit the discussions to reporting the accident and beginning the process to address the property damage claim. If you retain a lawyer, they can help communicate other necessary information to the insurance company. Doing so helps prevents portions of your statement from being taken out of context later.

Note that other insurance companies may be involved as well, such as when the at-fault driver was driving someone else’s car, or when they were driving in the course and scope of their employment. However, an experienced personal injury attorney can assist with this process. Potentially finding other sources of insurance (including underinsured motorist/UIM coverage) actually is one of the greatest benefits an experienced personal injury attorney can provide.

Negotiation and Settlement

An insurance adjuster will be assigned to evaluate your claim. They will review the evidence and assess the damages. After the adjuster’s evaluation, the injured party enters into negotiations with the insurance company. This is where you would need to negotiate the settlement amount to ensure it covers all your damages, including past, present, and future medical expenses, lost wages, and property damage. Be prepared for back-and-forth negotiations to reach a fair settlement.

Finalizing the Claim

Once an injured party and the insurance company agree on a settlement amount, they will need to sign a release form. This form finalizes the claim and prevents you from seeking further compensation related to the accident. This completely ends any right to pursue money damages in the future, even if new medical bills arise, if the injuries are worse than anticipated, or for any other reason. It is incredibly important to make sure you are comfortable finalizing the case forever before singing. Also, remember that there may be medical bills, medical liens, or health insurance subrogation rights that may need to be addressed from any settlement.

Legal Assistance

While some people try to handle the car accident process themselves, it is always good to speak to an attorney. This is particularly true with more serious accidents. These can be complex cases. Medical issues, insurance coverage, anticipating and responding to legal defenses—all these are the role of an experienced attorney. If litigation is necessary, an experienced personal injury attorney can file your case and fight for you—all the way to a jury trial if necessary.

An insurance company also is going to take a claim much more seriously if it is backed up by a skilled attorney who will file a lawsuit if the insurance company does not pay fair compensation. Simply put, involving an experienced, committed attorney will ensure that you protect your rights and also receive guidance through a challenging, and often complex, situation.

Conclusion

If you need guidance through the car accident claim process or face challenges with your claim, contact Ward and Smith. Our team of experienced personal injury attorneys is here to help you navigate the complexities of your case and secure the compensation you deserve.