What Happens When an Insurance Claim Is Made Against You?

two men talking near car accident

A  car insurance claim occurs after you have been involved in a car accident with another driver. A claim can be made against you or on your behalf. Typically, both parties will file a car insurance claim against each other, and insurance companies will battle it out to reach a resolution. 

What happens when a car insurance claim is filed against you, and what does it mean for your overall car insurance policy (and, of course, your pocketbook)? More importantly, if you have been injured as a result of an automobile accident, how do you navigate the path forward in getting the compensation you deserve? 

Speaking with an experienced personal injury attorney can be a helpful way to navigate an insurance claim, especially if you have suffered an injury or extensive property damage.

What happens when an insurance claim is made against you?

An insurance claim can be made against you if you’ve been involved in a motor vehicle accident, regardless of whether the accident was your fault or the fault of another party. Insurance claims are made when an individual who is injured in a car accident is seeking reimbursement for damages. These damages can include but are not limited to the following: 

  • Medical bills end medical treatment resulting from the accident
  • Property damage, including vehicle damage
  • Lost wages
  • Pain and suffering 

How do I know someone filed a claim against my insurance? 

One of the more common questions that pop up regarding insurance claims is how can an individual tell whether or not someone has filed a claim against them.

If someone has filed a claim against you to your insurance company, your insurance company will notify you about the filing. 

When an accident happens, It’s important to exchange insurance policy information with the driver of the other vehicle involved in the accident. If there are multiple vehicles, ensure that you have collected insurance information from all parties involved.

Once you have swapped insurance information, you’ll need to contact your insurance company and let them know about the accident. In fact, many insurance companies require that you notify them about a claim after an incident has occurred. Some companies may consider it a policy violation if you don’t alert them of the accident.

Because it’s common for insurance companies to deny coverage due to a violation, it can prove beneficial to have an experienced Insurance claim lawyer on your side to help you dispute the insurance company’s decision. 

After the insurance claim is made, the process will continue for the insurance companies to decide where liability lies and who will eventually be the responsible party.

A car insurance claim has been made against me, now what?

Once an insurance claim has been made against you, several things will happen, depending on the circumstances. Typically, however, you will talk to your insurance representative, outlining the accident and detailing what happened. If a police report was taken, your insurance company might use that report to analyze the claim as well. 

After a claim has been analyzed, an insurance adjuster will come out to look at the damage and assess the claim in person. Once an adjuster has surveyed the damage, they will take that information back to your insurance agent, who will then determine a settlement amount that will be paid out via a settlement check. 

If you have been the victim of a personal injury due to an automotive accident, it’s important to seek adequate legal representation to have losses beyond your property damage assessed. Under extreme circumstances, an insurance company may push back against a claim, refusing to pay out a settlement to which you might legally be entitled. 

Types of Insurance Claims

When an insurance claim is filed, it will fall under three categories:

  • At-fault claims
  • No-fault claim
  • Partial fall claims

At-Fault Claim 

An at-fault claim is one where you are deemed the party responsible for the accident. In this case, your insurance company will negotiate with the other insurance company to determine a payout. 

No-Fault Claim

If you file a no-fault claim against another driver’s Insurance company, it is established that you are not responsible for the accident. The fault lies with the other driver involved in the accident. Claimants who are not at fault may be entitled to damages via insurance checks from the other party. 

Partial Fault 

A partial fault claim is one where responsibility is shared by two or more drivers involved in an accident. In this case, both insurance companies will negotiate to determine how much liability lies with each driver. 

How will an insurance claim impact my policy?

An insurance claim made against you can impact your insurance policy in different ways. If your insurance claim is an at-fault one and you are responsible for the accident, this can have negative ramifications that play out differently depending on your policy. Some policies forgive first accident claims; however, most will increase your rates by a predetermined percentage. If you change insurance companies, your previous claims can be used as a way to determine the overall cost of your new policy. 

Bernstein & Maryanoff Can Help 

If you’ve been the victim of a personal injury resulting from an automotive accident, you may be entitled to compensation. The Miami personal injury lawyers at Bernstein & Maryanoff are committed to helping you get the representation you deserve. 

Sources 

Lliberty Mutual 13 Ways to Lower Your Car Insurance Rate (2022) 

Allstate What to do after a car accident (2022) 

Justia Types of personal injury damages (2022) 

About the Author

attorney Jack Bernstein standing in front of a blurred background

Jack G. Bernstein, ESQ.

Jack Bernstein is a hard working and highly motivated personal injury attorney in Miami, Florida with over three decades of experience. He is a strategist and idea person, with a genuine passion for helping his firm’s clients. If you've been injured, contact Jack Bernstein today for a free evaluation of your case.

The information contained herein is intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.