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Navigating the insurance process after a car crash can be overwhelming, especially if you’ve never filed a car accident claim before. Whose insurance do you file with: yours or the other driver’s? What policy covers the accident? And what if the insurer denies your claim?
Here’s what you need to know about vehicle crash compensation claims.
Determining Where To File an Insurance Claim After a Car Accident
When fault isn’t immediately clear after an accident, promptly report it to your insurance company. They will investigate, determine fault, and contact the other driver’s insurer if needed.
Oklahoma follows a modified comparative negligence system for car accidents. This means you can still recover damages from the other driver as long as you were 49% or less responsible for the accident.
- If the other driver was fully responsible for the accident, you will likely file a car crash liability claim through their insurance, up to their coverage limits.
- If you were partially responsible, you might seek some compensation from the other driver and some from your own insurance.
- If you were 50% responsible for the accident or more, you and the other driver would both file a claim through your insurance company.
If it is clear that the other driver was 100% at fault for the accident, you may not need to contact your own insurer. Wait for the at-fault driver’s insurer to reach out to you, or reach out to the company directly if needed.
Assessing Different Types of Car Accident Coverage
Aside from knowing where to file a claim after a crash, you may also wonder what types of coverage will help pay out your claim. Car insurance policies consist of a wide range of coverage types. The company you are filing the claim through will be responsible for determining which coverage applies to your case and providing the necessary motor vehicle accident payout up to the coverage limits.
A few types of coverage that may apply include:
- Liability coverage: Covers property damage and bodily injury a policyholder causes to other parties in an accident
- Collision coverage: Pays for the policyholder’s physical damage in an accident
- Uninsured/underinsured motorist coverage: Pays for the policyholder’s excess damages when the at-fault driver’s policy does not adequately cover them
- Medical coverage: Pays for medical expenses for the policyholder and anyone else covered under the policy who experienced personal injury in the car wreck
- Rental car coverage: Pays for your rental car while your vehicle is in the shop
What If the Insurer Denies Your Claim?
If the insurance company has denied your car accident claim, your first step is to examine the reason for the denial. Valid reasons include:
- Missing deadlines
- Inadequate coverage
- Policy lapses
- Damages beyond the policy limit
If you originally filed with the other driver’s insurance, your next step may be to contact your own insurance company to determine whether you can put the accident on your own policy instead. Alternatively, a car accident attorney can help you appeal the claim denial by providing further evidence of your damages. You may need to take legal action to seek an adequate auto accident insurance settlement.
Let Us Help You Navigate the Insurance Process
Filing a vehicle collision claim is just one of the many steps on your to-do list after a serious car accident. If you feel overwhelmed by the insurance process, our attorneys would be happy to help you seek compensation.
Contact Bryan Garrett PLLC today at 405-369-4498 for a consultation. We handle both personal injury cases and insurance disputes.
Frequently Asked Questions (FAQ)
Q: Who should I contact first after a car accident to file an insurance claim?
A: If fault isn’t clear, contact your own insurer. If the other driver is clearly at fault, you may contact their insurer directly.
Q: What types of car insurance coverage might apply to my accident claim?
A: Liability, collision, uninsured/underinsured motorist, medical, and rental car coverage may apply depending on the situation.
Q: What should I do if my car accident claim is denied by the insurance company?
A: Examine the denial reason, contact your own insurer, or seek help from a car accident attorney to appeal or take legal action.
