Understanding the claim filing process

We recommend that you contact IIHC to provide you with a Texas attorney to help you navigate through thiscomplicated process, but below are the steps in the process of filing a claim:

 

  1. At the first opportunity, you should report the accident with your insurance carrier and begin the process of filing a claim.

  2. After you have submitted your claim, a claims adjuster will contact youregarding your claim. He or she will then look at your policy to determine the types of coverage you have, deductibles, and any coverage limits that may affect your claim.

  3. If your claim is simple (i.e., fault is not at issue, the damage was minimal, and little or no medical treatment was necessary), the adjuster may have you get an estimate for repairs and then send you a check.

  4. If your claim is more complicated (for example, liability is unclear, you do not have enough coverage in your policy, or you do not agree with your adjuster’s settlement offer), then the negotiation process will take longer.

  5. An investigation of your automobile accident claim will begin. In relatively complicated injury accident claims, adjusters typically must do some investigation in order to adequately assess the insurance company’s liability. The adjuster will comb through your policy and possibly contact witnesses to the accident, the other party to the accident, and look at the police report if there is one. They will take photographs of the damages and the scene of the accident and generally investigate your medical expenses. If you are seeking to have medical bills covered, the adjuster will send you a medical authorization form for the release of your medical records.

  6. Once the adjuster has investigated your claim and looked at your policy, he or she will typically send you a settlement offer. The settlement offer will tell you what the insurance company is willing to pay on your claim.

  7. If you are confident about how much you think your claim is worth, you can preempt the adjuster’s settlement offer with your own settlement proposal (demand letter). Your demand letter would outline fault and damages and ask for a certain amount to settle your claim.

  8. If you’ve already received an opening offer from the adjuster, keep in mind that opening offers for settlement are almost always on the low side. Then, unless you’re willing to go with that opening offer (knowing that it’s too low) without an argument, you will ultimately need to negotiate with the adjuster for a higher settlement.

  9. If your claim is denied in whole or in part, there could be many legitimate and reasonable reasons. Most have to do with limits in your coverage. You can check the denial letter against your policy to see if the denial seems legitimate or not. Don’t wait too long when deciding what to do. If you wait too long, you may lose the right to sue in court. Each state has a statute of limitations. In Texas, you have up to 2 years to claim personal injury following the accident and 5 years to claim property damage.

 

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