Getting injured in a car accident can be overwhelming. Medical bills, treatment, and financial pressure can quickly add up, making it difficult to know what to do next.
The experienced attorneys at Farah & Farah can help guide you through the process of filing a car accident claim, from gathering evidence and dealing with insurance companies to pursuing a lawsuit when necessary. Understanding how each step works can help you protect your rights and make informed decisions about your case.
Steps To Follow When Filing Your Car Accident Claim
A car accident claim typically involves the following steps:
Take Quick Action After a Crash
The aftermath of a car accident tends to be chaotic and confusing, so knowing what to do ahead of time can give you a head start on building a strong legal claim. Important steps to take immediately after a crash include:
- Call 911 to report the crash.
- Seek immediate medical attention
- Take photos of the accident scene, vehicle damage, and any visible injuries.
- Get contact and insurance information from the other driver.
- Collect contact information from any witnesses.
- Take notes about what happened, including road conditions and nearby cameras.
- Notify your insurance company about the accident.
- Attend all follow-up medical appointments and follow your treatment plan.
Speak With an Experienced Car Accident Lawyer
Once you’ve received medical treatment, your next move should be to sit down with a trusted car accident attorney for a free consultation. Your lawyer can walk you through every step of the car accident claim process and handle all aspects of your case, allowing you to focus more on rebuilding your life and recovering from your injuries.
Investigate the Crash
Your lawyer will conduct a probe into the circumstances of the accident and gather evidence to prove the other driver’s liability. Sources of evidence your attorney will collect include the following:
- Police reports
- Traffic and security camera footage
- Vehicle damage reports
- Witness and expert testimony
- Medical records
Determine Fault and Move Forward
Once your lawyer has built a strong claim, their next move will depend on your state’s auto insurance laws:
- Florida: Florida is a no-fault state for car accidents, so you must file your initial car accident claim with your own auto insurance company. However, if you have serious injuries, you can take action against the other driver and file a claim under their policy to pursue additional damages.
- Georgia: Georgia is an at-fault state, which means that you have to make a car accident claim through the other driver’s insurance company. If their insurer won’t pay you what you deserve, you can file a lawsuit to pursue further compensation.
- South Carolina: South Carolina is also an at-fault state, operating under rules similar to Georgia’s.
Negotiate With Insurers
Your lawyer will handle communications with insurance companies, ensuring you receive the maximum amount you’re entitled to under every relevant policy.
File a Lawsuit
If an insurance policy limit doesn’t fully compensate you for your losses, or the other driver and their insurance company refuse to pay you what you deserve, your lawyer can file a car accident lawsuit, litigate your case, and fight to get you full and fair compensation, going to trial if necessary.
Filing a Car Accident Claim Online
Most insurance companies allow you to submit a notification of an accident and file a claim using an app or online claim portal. The exact requirements for online filing depend on the insurer and policy terms, but information and documents that are usually necessary include:
- Your personal information, including your driver’s license number and registration
- A copy of the official police report, or its number
- The other driver’s insurance or contact information
- Any evidence you have, such as photos of the scene
Do You Need a Police Report for Insurance Claims?
You may be required by law to report a crash to the police in certain situations, depending on state laws.
In Florida, you must file a police report if the crash has:
- Resulted in an injury or death
- Involved a DUI or hit and run
- Involved a commercial vehicle
- Caused at least $500 in property damage
- Required the removal of a vehicle
Georgia collision reporting and South Carolina collision reporting follow nearly the same requirements for when crashes involve injuries, deaths, and property damage, although South Carolina’s damage threshold is at $1,000 instead.
Mistakes To Avoid During the Car Accident Claim Process
Small missteps early on may weaken your case and make it harder to recover the compensation you deserve after a crash. Some common mistakes in the car accident claim process include the following:
- Failing to report the crash to the authorities and your insurance company
- Accidentally admitting fault
- Discussing the crash on social media
- Not keeping up with medical treatments
- Talking to insurers before consulting an attorney
- Accepting an insurance company’s first offer
A trusted car accident lawyer can help you steer clear of these pitfalls and file a claim with the best chance of successfully recovering the compensation you deserve.
How Long Do You Have To File a Car Accident Claim?
The statute of limitations for filing a car accident claim varies by state as follows:
- Georgia: You generally have two years from a crash to file a car accident claim.
- Florida: As of March 2023, you generally have two years to file a claim, down from four years under the previous law.
- South Carolina: You generally have three years to file a lawsuit after a car accident.
You will lose your right to file a car accident claim if you miss these deadlines, so it’s important to start building a case as soon as possible after a crash.
Let Farah & Farah Help You File Your Auto Accident Claim
If you’ve been in a car crash and you’re uncertain what to do next, Farah & Farah can help. Our experienced attorneys can guide you through filing a car accident claim and handle all the legal details so you can focus on your recovery.
Contact us online or call (877) 245-6707 today to schedule a free consultation with our trusted team.
