Car Accident Insurance Settlement Process

Posted on by Naseer Khan
a man gestures to a scratch on his car

Most car accident cases in Fremont are settled between the injured party and the at-fault driver’s insurance company, while a few number of such cases may require a trial in court. Car Accident Settlements in Fremont requires certain important measures to be followed. The first measure being filing an insurance claim.

If you’ve been involved in a car accident and pursuing an out-of-court settlement to cover your recovery expenses and lost wages, you should begin with filing an insurance claim with the insurance company of the driver who caused the accident. After that, the process can become quite difficult and extensive. It is therefore wise to know all the do’s and don’ts of the car accident settlement process.

Here’s a step-by-step guide to help you know what to expect and how to get the best outcome for your car accident settlement in Fremont.

1. Collect Car Insurance Information

The first step in your car accident settlement process is to gather the other driver’s auto insurance information. At the scene of the accident you should ask the at-fault driver’s name, contact number, address, and car insurance details. Taking a picture of their driver’s license is also a good idea. Be polite while exchanging information, but do not admit your fault for the accident. You may need to call the police if the accident is serious, and if the other driver is under the influence or uncooperative. Remember to capture photographs of your car to showcase damages from the accident. These pictures may come in handy down the road.

2. File a Claim with the At-Fault Driver’s Car Accident Insurance Company

Car accident settlements in Fremont are done as per the traditional at-fault system, i.e. the party at fault is held responsible for all the damages resulting from the accident. So, your next step would be to call the insurance company of the at-fault driver to start a claim because the other driver may fail to report it to his/her insurance. You need to provide all details of your accident, including the number of people involved, any injuries, and how the other driver was responsible. Remember that you are claiming against the other party’s insurance policy and not your own; this is called a third-party insurance claim.

The insurance adjuster will likely ask you to provide a recorded oral statement of what happened. Here the adjuster will probe and ask many misleading questions, but they will act like they are trying to help you. Don’t fall for it – the adjuster will try to get you to admit fault on your end and they will try to minimize your injuries — and they are very good at their job. If you are not comfortable with this scenario, then you should contact a Fremont Personal Injury attorney, who will handle the adjuster for you.

3. Deal with the Car Accident Claims Adjuster

Usually, third party insurance claims are dealt with by a claims adjuster, who will appear to be your friend. Be aware, they are not on your side. The claims adjuster decides whether to approve a claim or not, based on his/her investigation of the case. The adjuster will make every attempt to dilute your settlement amount to benefit his company. For this, he/she may attempt to manipulate the police report findings, the witness testimony, and your medical records to minimize your injuries from the accident. Sometimes, the adjuster will go so far and deny your rights. For example, the adjuster may secure your signatures to allow them to obtain all of your medical history records and use it against you. Do not hesitate to call a car insurance attorney if the claims adjuster’s intentions are devious.

Don’t let the insurance adjuster intimidate you into accepting a rushed settlement, which will no doubt be undervalued. Here are a few tips to keep in mind while dealing with the claims adjuster:

  • Never give a recorded statement;
  • Never accept responsibility for the accident;
  • Get yourself thoroughly examined by a doctor before listing injuries;
  • Do not exxagerate or lie (but don’t under state either);
  • Do not give out more information than what is asked;
  • Do not accept the first settlement offer; and
  • Consult an attorney before accepting the final settlement.

4. Review your Car Accident Claim Coverage Approval or Denial
Once the claims adjuster completes the investigation of your case, he/she will either accept or reject your claim coverage. In the case that your claim is accepted, it means that the at-fault driver’s insurer will be liable to cover your damages. However, this may not imply that the at-fault driver’s insurer agrees to all the injuries that you claim. The compensation offered by the insurance company will likely undervalue your pain and suffering. It then becomes necessary to seek a written explanation from the insurer stating the grounds on which they are basing their analysis. In a case where your claim is denied, your next step would be to contact a Fremont car accident lawyer.

5. Negotiate For a Fair Car Accident Settlement Offer
In order to be compensated for your accident injuries, you must provide the adjuster necessary evidence (such as medical reports, treatment expenses, medication receipts, eyewitness’ statements, and photos of the accident) to substantiate your claim. Once you’ve secured all the relevant information and documentation, send a formal draft of your claim to the at-fault driver’s insurer in the form of a demand letter, detailing your injuries and stating the damages you’d like to claim.

If your insurance claim is approved, then you will receive an initial offer for your car accident settlement. If you think the offer is not adequate (this will be a low ball offer), you have the right to reject it and make a counteroffer, which fully covers all your recovery expenses.

6. Hire a Fremont Auto Accident Attorney for your Car Accident Settlement
The process of negotiating a fair claim coverage with big insurance companies and their experienced adjusters and attorneys is not a cakewalk. You may get trapped by the insurance agents’ intimidation tactics in the name of state legislations and statutes of limitations on insurance and personal injury laws. So, it is always safe to hire an experienced car accident attorney who can negotiate the settlement on your behalf.

Keeping a lawyer by your side will make sure you receive fair compensation for your insurance claim. Insurnace adjusters know that they cannot use their usual deceitful tactics on an experienced accident lawyer, so your offer will increase drastically after hiring an car accident attorney for your car accident settelment. And if negotiations fail, your lawyer will file a lawsuit against the at-fault driver to resolve your Fremont car accident settlement.

7. File a Lawsuit
Sometimes when you’re not being treated fairly, then your last resort is to just file a lawsuit. As a victim, the process of filing a lawsuit is not easy, especially after a tragic car accident where you may have been badly injured or lost a loved one. That is why we recommend our expert attorneys to handle your lawsuit for car accident settlement in Fremont and the entire State of California, so you can focus on your recovery. Attorneys at NK LAW GROUP are dedicated professionals who will fight for your claim, tooth and nail, to make sure you get a settlement equivalent to your loss.

8. Finalize a Car Accident Settlement
A court trial for a car accident can result in maximum compensation for your injuries, but the process can become time-consuming and very expensive compared to a settlement done outside of court. If you agree to settle your claim with the at-fault driver’s insurer, they will likely release a check in two to three weeks. A court proceeding can take years, but sometimes that is the best option. Work with your attorney to determine the best route for your case and to finalize a settlement with the at-fault party’s insurance.

Over to you!

If you’re looking to settle a car accident insurance claim in Fremont or anywhere in the Bay Area, it’s imperative to know the car accident laws and how the settlement process works. Legal representation from accident settlement experts at NK Law Group can increase your chances of getting maximum coverage for your insurance claim.

Want to know more about the car accident settlement process? Contact us for a free consultation by filling the contact form or by directly calling us at 510-519-9497.

Naseer Khan, Esq.

EXPERTLY REVIEWED BY

Naseer Khan, Esq.

April 25 2024

Top-rated personal injury attorney Naseer Khan, Esq. has over a decade of experience advocating for injury victims in California. As an award-winning attorney and a member of the American Association for Justice, Khan has a stellar track record of success and devotion to justice for his clients.

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