Anuj Kasera
By Anuj Kasera
Insurance is one of the few things in the world that you pay for and hope never to use. Unfortunately, accidents happen and that is exactly the reason why you purchased that insurance policy. In this article we will restrict the discussion to auto accidents.
After the accident:
● Stop the car and ensure all passengers in the car are safe.
● Call 911 to report the accident and request ambulance service if necessary. It is mandatory to call the police if there are injuries, fatalities or significant property damage. Do not think that you will be able to work something out with the other driver. This can backfire very badly.
● Move the car to avoid blocking the traffic and to protect yourself and the car from further damage. If possible, take pictures before moving the car as it may be helpful to prove your case later. Once it is safe, take more pictures of the traffic and weather conditions, skid marks, debris etc.
● Check with the other driver to make sure that they are OK. No one intended the accident, and aggressiveness can only worsen the situation. Do not blame the other driver or make unnecessary statements.
● Never admit your fault at the scene. Even simple phrases like “I am sorry” can be interpreted as a confession and may be used against you later. Do not try to be funny or overly friendly with the other driver. Stay firm and courteous while presenting only the facts.
● Exchange the contact and insurance details with the other driver and wait for the police to arrive.
● Call your insurance company to report the accident but again do not admit fault. State the facts and request towing services, if needed. You may have to pay out of pocket if you did not purchase that coverage.
● The police will create an official accident report. This is very important and try to give all details to the police so that they can document any violations from the other party. One of our clients noted to the police that the other party did not have the headlights on. This proved to be very helpful during the investigation.
Never leave the scene. It will become a very serious offense of hit and run, regardless of whether you were at fault or not. The police report is a very strong document, and you want to ensure that you are involved when that report is being prepared.
A client rear-ended another car as she was leaving the mall. They exchanged information and the other driver assured her that there was no damage and that he had to take his car to the auto shop anyways for checkup. Later the client found out that the other driver had claimed major bodily injury, loss of wages and bumper replacement charges. There were no pictures taken and the police were not informed. So, her insurance company made the payments despite her stand that it was merely a “touch” and that there were no damages.
This will result in significant increases to her premium for at least couple of years.
If you have hit a parked car and the other driver is not around, do not try to leave the scene. Hit and run is a very serious offense and may have implications on your immigration process as well. Wait for the owner to show up and document the incident by taking pictures and noting down the details.
Call your insurance company and the police while you wait. Since it is a parked unoccupied car, there will not be any bodily injury claim but there may be property claim. If you do need to leave for an emergency and the police have not arrived, make sure you call 911 and let them know. This should be the last resort and true emergency for you to leave the scene before the police come.
What happens after filing the claim?
You will be assigned an insurance adjuster by your carrier who will request further information from you. Be truthful and state the facts. Now the insurance adjusters for each carrier will start investigating the accident to determine who is negligent and the amount of loss.
Claim Settlement:
If you are at fault, your insurance company will pay for the other party’s damages. If you have purchased coverage for your car as well, then the insurer will determine the cost to repair your car. It will pay you that amount regardless of whether you go to their recommended shop or not. You have the right to select the repair shop of your choice. If you disagree with the amount of loss, there is a more intense appraisal provision but unless it is a material amount, most parties will avoid that route.
If you are not at fault and need to recover your damages, then you can work with the other party’s insurance company directly or file a claim with your insurance company who will then recover the money from the other party.
Do proper research before accepting any claim settlement. Do not accept low ball offers from insurance companies. The settlements are usually iron-clad documents, and you will not be able to ask for more damages once you sign them and release the other parties.
Some other points:
● Get a medical checkup after the accident. There may be injuries that do not immediately show up.
● Always keep the proof of insurance in your glove box, even though you may have it on your phone. If for some reason, your phone is inaccessible after the accident, this document can avoid unnecessary delay.
● Consider getting a dashboard camera if your car does not have an inbuilt camera.
● Note that you are personally liable for any damage that is above the coverage limits. So, if you are at fault and total an expensive car or multiple cars, attorneys can come after your personal assets after the insurance company pays its contracted amount. Hence, make sure that you review your coverages and are adequately insured. Consider getting umbrella insurance that provides extra liability protection beyond the limits of your auto or home insurance.
Anuj Kasera is a long term resident of Charlotte, NC and owns an insurance agency, focusing mostly on home, auto and business insurance. He can be reached at anujkasera@gmail.com.
