How Do Insurance Claims Work After an Accident?

Following an accident, the settlement timeline depends on how long it takes a claims adjuster to complete an investigation. This can be a grueling process, especially when you have medical bills and vehicle repairs to pay. If you have sustained severe injuries or long-term consequences, you may be unable to work. Having no source of income can leave you desperate to take the first settlement the insurance company offers. This is never a good idea, especially when you do not yet know your future medical costs and lost income.

At Parker & Bain, LLC, our Gaffney car accident lawyers know that pursuing compensation can be lengthy and exhausting. That is why we dedicate ourselves to advocating for injured parties.

Notify Insurance of Your Accident

South Carolina law requires you to contact the police anytime you are in an accident that results in injuries, fatalities, or at least $1,000 in property damage. However, you still need to notify your auto insurer of the crash. Most insurance companies require you to notify them immediately, but the specific deadline will be stated in your policy (e.g., 30 days).

If you fail to provide timely notice, your claim can be denied. Once notified, insurers must provide proof of loss paperwork within 20 days of receiving your notice under South Carolina law.

Claims Adjuster Will Determine Liability

A claims adjuster (an insurance company representative who investigates claims) will review the available evidence to determine which party is legally responsible, or liable, for the accident. A successful car accident claim depends on the following being established:

• Duty of care: Drivers have a duty to follow traffic rules and regulations.
• Breach of duty: Through either an act or omission, the other driver failed to adhere to traffic regulations. Common examples include failing to yield the right of way, running a red light, or using a cell phone while driving (South Carolina is a hands-free state).
• Causation: The driver’s actions are the direct cause of your injuries.
• Damages: You suffered physical, emotional, or financial harm due to the crash, such as medical expenses, lost wages, and emotional distress.

Since South Carolina is an at-fault state (meaning the driver who caused the accident is responsible for damages), you will most likely be filing a third-party claim (a claim with the other driver’s insurance). Since you are not their customer, a claims adjuster may try to assign more fault to you to limit what they pay. If you believe your claim has been unfairly reduced, our car accident lawyers are happy to step in on your behalf.

Claims Adjuster Will Determine Vehicle Damages

Following your crash, a claims adjuster will typically perform a visual inspection of your vehicle to assess repair costs. This will include an inspection of the exterior and interior, a mechanical check, and an assessment of frame damage. Then, insurance will estimate repair costs based on the vehicle’s age, its pre-accident condition (actual cash value), and the prices of other vehicles in similar condition. All this information may be detailed in the damage valuation report.

In cases where repair costs equal 75% of the vehicle’s fair market value, insurance will consider the car totaled. However, if the fair market value of your car was less than $2,000, your insurance company may consider it totaled. In this situation, a claims adjuster will calculate the replacement cost.

The claims adjuster’s repair estimates are usually low. Insurance may suggest a mechanic, but you are not required to use one. We recommend getting quotes from at least three certified mechanics and sending documentation to support your negotiation for a higher offer.

Submit Medical Records

Your medical records will play a large part in determining the worth of your car accident claim. Medical imaging, doctor’s notes, treatment plans, bills for hospitalizations and surgeries, and your medical history will all be examined in assessing your bodily injury claim. Our legal team also works with expert witnesses (e.g., physicians and other medical professionals) who can substantiate any accident-related medical expenses.

Rehabilitative therapies, such as physical and occupational therapy, will also be included in your settlement offer. Out-of-pocket expenses, such as mobility aids, home modifications, and prescriptions, will also be included.

Submit Proof of Lost Wages

If your injuries have prevented you from working, you will have to submit proof of lost wages. Proof will include:

• Recent pay stubs;
• An employer verification letter (confirming your job title, pay rate, number of hours worked weekly pre-accident and post-accident, and days missed from work);
• Tax returns; and
• W-2s.

If your injuries prevent you from returning to work temporarily or permanently, you may claim loss of future earnings. You can only claim this after reaching maximum medical improvement (MMI), meaning your provider believes your condition will not further improve. Your treating provider generally determines MMI.

Insight into the Claims Process & Powerful Negotiators

At Parker & Bain, LLC, our Gaffney car accident lawyers will guide you through the claims process. We want you to feel comfortable throughout the process, which we hope to achieve by addressing your concerns and providing a step-by-step plan. If you have any questions or don’t understand something, feel free to ask our legal team.

Adhering to the insurance company’s procedures will place you in the best position to negotiate a fair settlement. Our team of legal professionals has years of experience negotiating with insurance companies. We know which strategies are most effective for arriving at the amount you deserve.

Consult with Our Gaffney Car Accident Lawyers Today

Car accident injuries can leave you with exorbitant medical bills, lost income, and excruciating pain. At Parker & Bain, LLC, our Gaffney car accident attorneys have devoted their professional lives to fighting for those who can’t. We feel that justice is not served until the wrongdoer pays for their mistake. To schedule your free consultation, contact us online or by calling (864) 252-2650 today.