Have you ever been involved in a car accident? Thought that filing an insurance claim would be easy? If so, you were probably wrong.
Insurance companies have their own process for handling claims. Their system is complex, their timeframes are short and their adjusters speak a language all their own.
If you don’t know what you’re doing, it’s easy to get caught up in the system… and to make some expensive mistakes.
A significant portion of accident victims fail to get paid on their insurance claims. At best, that means thousands of dollars lost.
At worst, it means your entire claim getting denied.
And the sad thing is…
Most people make these mistakes without even realizing it.
In this article, I’ll tell you everything I know about:
- Navigating insurance claims after a car accident
- Reasons claims get denied
- Protecting your insurance claim from day one
- When to get legal help with your claim
Let’s get started.
Insurance Claims After An Accident
The insurance claims process begins the moment your accident occurs.
And at each step, your actions are critical.
Following car accidents that lead to serious injuries, it is important to understand the insurance claims process and car accident legal services available to you. You must be proactive, organized, and timely when dealing with insurance companies to avoid common pitfalls. A Florida car accident attorney will work with you to make sure no deadlines are missed and no documentation is overlooked.
Insurance companies are huge corporations with thousands of lawyers on staff. Their entire job is to protect the company’s bottom line. When you file an insurance claim, you are, essentially, asking the company to part with money. They will not make that easy.
What Happens After You File a Claim
When you file your claim with the insurance company, an adjuster is assigned to “investigate” your accident.
This person is in charge of gathering evidence. They review the police report, your medical records, photos of the scene, and witness statements.
This is also when the negotiating process begins.
Insurance companies are in the business of making money. They want to pay you as little as possible on your claim. To do this, they review your damages. Then, they will use their own formula to “value” your claim. Finally, they will issue an offer.
However, keep in mind that their first offer will be very, very low.
Insurance Claims Denial
Did you know that insurance companies deny between 5% and 15% of all filed claims?
In other words, thousands of people believe they are covered by an insurance policy, only to be denied when they need the coverage the most.
Here are some of the most common reasons for insurance claim denials:
- Failing to meet filing deadlines
- Lack of documentation
- Policy exclusions people never read
- Fault disputes
- Pre-existing damage concerns
If the insurance company can find a reason to deny your claim, they will. Trust me.
A common problem is late reporting. Most policies have a specified reporting timeframe. One day late? Denied. Two days late? Denied.
Documenting Your Claim From The Start
The thing people get wrong is documentation.
They don’t document. They document the wrong things. They wait too long to start documenting in the first place.
In order to protect your claim, you should document the following:
- Photos of all vehicles
- Witness contact information
- Police report number
- All medical records
- Receipts for all accident-related expenses
Get out your phone right after the accident. Document vehicle damage. Take photos of the road and traffic signs. Capture all visible injuries.
Photographs will help support your claim, as insurance companies use the “fade of memory” to their advantage.
Hold onto any paper that relates to the accident. Medical bills, repair estimates, rental car receipts, proof of lost wages. All of it.
Store everything in a file for easy retrieval later.
Get Medical Attention
If you get into an accident, go see a doctor.
Even if you think you’re OK.
This is extremely important for a few reasons.
First, some injuries (like whiplash and concussions) may not show symptoms for a day or more. Delayed onset of injuries is very common.
Second, insurance companies love to argue that your injuries were not caused by the accident.
Missing that doctor’s appointment? The insurance company will argue your injuries come from elsewhere.
Medical treatment matters. And so do bodily injury claim costs. Insurers paid out an average of $27,373 per person injured in a 2024 accident. As such, the insurance companies are more aggressive than ever before.
Do not skip medical treatment. Follow your doctor’s instructions to the letter.
Appealing an Insurance Claim Denial
If you receive a denial letter from the insurance company, do not panic.
There is still hope.
First, read their denial letter carefully. They must provide a written explanation for their decision. Review their reasoning. Look for errors. Document any relevant information that might prove they are wrong.
Then, go back and try to gather additional evidence. Talk to witnesses. Hire an accident reconstruction expert. Gather more medical records.
When you are ready, it’s time to file an appeal.
Insurance companies have internal appeals you can use. You will have to draft a letter to the insurance company. The letter will outline why their decision is incorrect. It will include supporting evidence. You will need to attach evidence. You will have to reference specific sections of your policy that show you are covered.
Appeals can be challenging. Insurance companies have lawyers who work for them, day in and day out. Their job is to protect the insurance company’s interests. You will be up against professionals.
Insurance Companies, Lawyers and Legal Help
I will let you in on a secret.
Insurance companies pay out more when a lawyer is involved.
Insurers take claims more seriously. They understand a lawyer is no bluff.
Lawyers will do the following for you:
- Handle communication with insurance
- Gather additional evidence
- Negotiate for the maximum settlement
- File lawsuits, if necessary
- Deal with bad faith insurance tactics
The reason most people hire an attorney is to go to court. But that’s the easy part. The vast majority of cases settle before going to trial.
Plus, most personal injury lawyers work on contingency. That means you only pay if you win. So there are no upfront fees. No hourly rates. Nothing.
Insurance adjusters are not your friends. They work for an insurance company. Their job is to reduce the value of your claim. A professional who is experienced with insurance company tactics will even out the odds.
The Mistakes To Avoid At All Costs
It’s really easy to hurt your own case.
Here are the top things you should not do:
- Admit fault
- Give a recorded statement
- Accept the first offer
- Post on social media
- Sign anything you don’t understand
Posting on social media is one of the worst things you can do.
Insurance companies spy on their customers on social media. You think your selfie at the beach is going to look good after a serious accident? Insurance companies will argue that you are not injured if you are smiling at the beach.
Stay quiet. Don’t talk about the accident online. Don’t discuss it with the other driver’s insurance company. Don’t sign anything the insurance company sends you without a lawyer review.
Final Thoughts on Insurance Claims
The good news about filing an insurance claim after an accident is this:
The process does not have to be complicated or difficult.
In fact, if you understand what to do from day one of the accident, it is fairly easy.
Here’s what matters most:
- Document everything right away
- Get medical attention right after the accident
- Report the accident as soon as possible
- Read and understand your insurance policy
- Always demand fair compensation
The insurance company is a business. Their goal is to earn a profit. That means they will not make it easy for you to collect on your claim.
But if you are armed with the right information and the right legal help, you will be prepared to protect your rights and get paid the maximum compensation you deserve.
Disclaimer: This article is for informational purposes only and should not be taken as legal advice. If you need help with a car accident insurance claim, contact an experienced attorney for a consultation.
