There are many cases where drivers tend to drive rashly or the vehicle in the opposite direction hits your car. Talking on cell phone while driving or driving at high speed or drunk driving are some of the major causes for road accidents. Once an accident has taken place, it is important for you to prove that it is not your mistake but the other person was at fault for causing injury to you. In case a driver runs in to the back of another vehicle, then he will be held responsible. However, there are instances where the cause of accident is not clear. When the cause of accident is not very clear, responsibility for the accident is often disputed.
Procedures for Filing Claims in Case of Dispute
If you own a car, it is important to have auto insurance which has basic covers like liability and personal injury protection. In case of accidents without any disputes, the insurance company arranges to make payments for the injuries and damages caused. But in case of accidents where there is a dispute on who caused the accident, there are procedures that need to be followed to file insurance claims. The most important thing here is to ascertain who is at fault.
It is best to leave your insurance company to investigate the accident and find who is responsible for the accident. They usually get recorded statements from all drivers involved and from witnesses and assess the vehicle damages. Your insurance company will conduct the investigation anyway in order to determine any third party damages.
In case of dispute, while filing vehicle insurance claim, the insurance company writes a letter to the other party involved or their insurers. They have a period of 3-4 months to investigate the claim from their end and admit or deny their responsibility. In case the traffic accident is denied by the opposite party, it is important for your insurance company to prove that the other driver was responsible. For this the insurance company would require a statement from your side or a written letter from any of the witnesses along with a police report called investigation report or accident report.
With this information, the team handling the claims will negotiate with the opposite party’s insurers to get the best terms for settling claims. This could take at least 5-6 months to reach an agreement with the other party’s insurers. The insurance company will keep you informed about the developments. In case the claim is accepted by the opposite party, the next thing would be to negotiate with them for compensation.
Where settlement or agreement cannot be reached, the case needs to be presented before the court where both the sides will present their case. The court has to decide who was primarily responsible for the accident. In case of disputes, settling an auto insurance claim is a very tough process.
Tips for Avoiding Llitigation
There are some tips for claiming auto insurance without any litigation. For disputes, you can get in touch with the opposite party and present your case. Try to resolve it amicably. You can get in touch with the insurance ombudsman for your state. You can talk to your agent or insurance company and ask them to deal directly with the opposite party or their insurers to settle the dispute. If you are unfortunately caught up in a dispute, it is better to consult accident lawyers for help.