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What Really Happens When You're In An Auto Accident?

What Really Happens When You're In An Auto Accident?

Most of us will be involved in an auto accident at some point in our lives. The accident itself can be a traumatic experience, but so can dealing with your insurance company afterwards. Television ads that depict agents showing up at the scene of the accident and "taking care of everything" are certainly not typical – although most of know that already. So, what really happens when you're in an auto accident?

Once injuries are treated, it's time to file a claim with your insurance company. The filing process is relatively simple, but finding out what your claim is worth may not be. According to United Policyholders (UP), a non-profit organization dedicated to educating the public on insurance issues and consumer rights, resolving your injury claim takes experience. In a recent newsletter, the UP offered the following helpful advice:

  • Find out what you're entitled to: If you are injured in an accident, you are entitled to recover the reasonable value of your medical bills, your lost wages and a reasonable value for your pain and suffering. Despite what you may read on the internet, there is no formula for calculating this amount. Each case has its own value. Determining what your case is worth takes experience, and you probably want to consult with an car accident attorney.
  • Be aware of statute of limitations: If you decide to go it alone, remember that you have two years from the date of the accident to either settle your case or file a lawsuit [in California]. The adjuster cannot extend this time for you — even if they agree to extend it. You must settle or file a lawsuit, period.
  • Question figures: Some adjusters will tell you that their computer gave them a value. Do not listen to them. Their software, generally Colossus, cannot figure out what a case is worth. It determines value based on what they input. Since you do not know what they input, you cannot trust the outcome. Therefore, you should not accept this amount.
  • Don't sign your rights away. Other adjusters will "drop draft" you. This means that they send you a check, usually for $500, and a release. They ask you to sign it, deposit the check, and mail the release back to them. Do not accept this. Adjusters do not drop draft you for the full value of your case. They only drop draft when they are trying to settle a case for less than it is worth. If you receive a check in the mail from the insurance company, that should be a sign that you need legal representation.

    To view other helpful tips from United Policyholders, see their website at www.unitedpolicyholders.org/. If you've been in an accident and wish to speak with a car accident attorney whose practice focuses in this area of law, for a free, no-obligation consultation.


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