Being in a car accident is stressful enough – dealing with insurance claims shouldn’t add to your burden. If another driver caused your crash, you have the right to file a claim with their insurance company to cover your medical bills, vehicle repairs, and other costs.
Think of filing a claim as telling your side of the story and asking for fair compensation for what you’ve been through. While insurance companies may try to minimize your payment, understanding the basic steps can help you protect your rights and get the support you need to recover.
A third-party insurance claim is one way to get the at-fault driver to pay for damages incurred in an accident. Because California is a fault-based state, the driver who is primarily responsible for the collision must also pay the related costs with their auto insurance.
In simple terms, a third-party insurance claim is a request for payment from the liability coverage of the at-fault driver to cover costs incurred due to the accident, such as medical bills and property damage. Knowing how to do so will allow you to quickly recover those costs.
Filing a third-party claim involves clear steps. Here’s how you can simplify the claims process:
After the accident, determine what company insures the at-fault driver. Exchanges should take place at the scene. If you have this already, right there and then will be the best time to call their insurer and state your intent to file the claim.
To support your claim, gather as much evidence as possible, including:
When you file a claim, provide the insurer with the documentation that proves the other driver’s responsibility for the accident. This includes medical bills, repair estimates, and any other expenses related to the accident.
Keep communication lines open with the insurance company. Regularly follow up to track the progress of your claim and respond promptly to any requests for additional information.
Third-party car insurance typically covers the following:
This includes medical expenses for injuries caused to others in the accident. It can also compensate for lost wages and pain and suffering, depending on the policy limits.
This part of the liability coverage pays for damage to another person’s property, such as their vehicle, fence, or other belongings.
Keep in mind that the at-fault driver’s policy has limits. If damages exceed these limits, you may need to seek compensation through other means, such as your own insurance policy or legal action.
Accidents with uninsured or underinsured drivers can complicate the claims process. In such cases, your own insurance company may step in if you have the appropriate coverage.
This optional coverage helps pay for:
While it’s not mandatory in California, adding this coverage to your auto insurance policy can provide peace of mind in situations where the other driver lacks sufficient insurance.
Filing a claim isn’t always straightforward. Here are some challenges you may face and how to overcome them:
The at-fault driver’s insurer might try to minimize your claim or deny liability altogether. If this happens, provide additional evidence or request that they investigate the accident more thoroughly.
If your claim is stalled, maintain consistent communication with the insurance company. Document every interaction to build a clear record of your efforts.
If the insurer denies your claim or offers an unfair settlement, consult with a personal injury lawyer. Legal professionals can negotiate on your behalf or, if necessary, file a lawsuit to ensure you receive the compensation you’re entitled to.
Maximizing your claim requires preparation and persistence. Follow these tips to strengthen your case:
Track all expenses related to the accident, including:
Don’t accept the first settlement offer unless it fully covers your damages. Be prepared to present evidence to justify a higher payout.
If negotiations stall, consider taking legal action. A court case may be necessary to secure a fair settlement for your injuries and losses.
Filing a third-party insurance claim can be a daunting process, but taking action promptly will help you avoid unnecessary delays. Whether you’re dealing with an uninsured driver, a denied claim, or complicated settlement negotiations, there are professionals who can guide you every step of the way.
At DP Injury Attorneys, we understand the struggles accident victims face. Our mission is to shoulder the legal burdens so you can focus on recovery. If you’re feeling overwhelmed or unsure about your next steps, schedule a consultation today and let us help you navigate the road ahead.
Your pain and suffering don’t have to define your future. Trust DP Injury Attorneys to protect your interests while you take back control of your life.
Arthur Paul D’Egidio is the Managing Partner of DP Injury Attorneys, a San Diego personal injury law firm. With more than 12 years of experience in California injury law, he has dedicated his practice to representing clients in a wide range of personal injury matters, including car accidents, workers’ compensation, slip and falls, catastrophic injury, and wrongful death cases.
Arthur received his Juris Doctor from the Thomas Jefferson School of Law and is a member of the State Bar of California as well as the San Diego County Bar Association. He has received numerous accolades for his work, including being named a Super Lawyer for seven straight years by Thomson Reuters and a “Top 40 Under 40” by the National Trial Lawyers.
