Driving on California’s highways always comes with the risk of being in a “fender bender.” So, in the event you are struck by another vehicle, knowing the best way to file an accident claim can save you from financial pressure and unnecessary stress. The following are three important tips you should utilize when filing a California accident claim:
- Notify police: According to California Vehicle Code 20008, if anyone involved in the accident has sustained any type of injury, you are legally obligated to contact law enforcement as soon as possible. A police report can support your claim if you were injured by another driver’s careless actions.
- Promptly notify your insurance company: regardless of who was at fault, you should notify your insurance company by calling the telephone number listed on your insurance card. If you happen to be uninsured at the time of the accident, you can file a claim with the other party’s insurer.
- Contact a personal injury attorney: while you should file an injury claim with your insurance, it is important to remember that insurance adjusters are paid to look after their insurance company’s interests, not yours. A personal injury attorney works on your behalf and holds the insurance company responsible for the full extent of your damages.
How Long Does it Take to Receive Compensation After an Insurance Claim?
Insurance companies must conduct an investigation within 15 days of being notified of a claim. Also, insurance companies have 40 days to accept or deny a claim. If your claim is straightforward and liability is not an issue, your claim can be solved in a matter of days. However, if establishing liability is an issue, or if there are significant injuries involved, your claim can take longer. Proving liability takes time, often stretching cases out by many months or years.
To speed up your claim, you can provide the insurance company with irrefutable evidence such as medical records, photos, and witness contact information. Once your claim has been investigated, you’ll most likely receive a settlement offer from the insurance company. This amount typically provides you with the amount necessary to pay for your car repairs and medical treatment after the accident. The majority of these offers, however, are “low-ball” offers. Insurance companies typically offer as little as possible as far as settlements as they’re looking out for their bottom line instead of fully compensating you for your damages.
How are Payments Received for an Insurance Claim?
If you and your insurance adjuster agree on a settlement amount, your insurance company will require you to sign a release form before your payment can be issued. California Code of Regulations Section 2695.7(h) requires all insurers to issue payment within 30 days of accepting the claim. However, some insurance policies include a waiting period that can extend this duration. A payment from your insurance claim can come in the following forms:
- Direct payment via check or electronic deposit
- Payment to your service providers such as your medical providers or vehicle repair shops
- A payment to your lien holders
If your claim is denied, you can still recover compensation by filing a lawsuit against the insurance company through a personal injury attorney. An attorney will advise you on your legal options and inform you about the damages you are entitled to claim.
Contact a Car Accident Lawyer in California
If you or a loved one has been injured in a car accident, the attorneys at Maison Law can get you the compensation you need. Even if you were found partially at fault or the insurance company denied your claim, you are still entitled to fair compensation. Our firm does not require any upfront payments for our services and we don’t get paid unless we win your case. Contact Maison Law today for a free consultation and case evaluation.
