What is Subrogation & How It Affects Car Accident Settlements
Posted in: Car Accidents
KNR Legal Blog
Getting into a car wreck is scary and aggravating. Whether you’re a little banged up, or paramedics whisk you away to the emergency room, you have to figure out what to do next. Do you call an attorney or deal with the insurance company yourself?
Filing an insurance claim for a crash that only involves property damage isn’t too complicated. Insurers are good about getting vehicles repaired or replaced. But if you were seriously injured, we recommend calling a lawyer as soon as possible. This is often the best way to deal with the insurance company’s red tape, so you receive a fair settlement.
If you are injured in Ohio, you can reach the experienced and aggressive team at Kisling, Nestico & Redick at 1-800-HURT-NOW to schedule a free, no-risk initial consultation.
Auto insurance policies require you to tell the insurer when you’re involved in a crash regardless of who was at fault. Not giving your insurance company notice makes it harder to use your policy or your insurer as a way to communicate with the at-fault driver’s insurance company.
But what is enough notice and when do you have to give it?
Notice is telling the insurance company that you were in a crash and suffered property damage and injuries—even if you don’t know the extent yet. Most companies give you the options of calling, sending an email/electronic message, or using an app.
Insurance policies don’t give a specific timeframe for how long you have to give notice. The policy might say something about informing the company in a reasonable amount of time. We recommend you report the crash to your insurer as soon as you can.
It’s important to provide your insurance company the basics: who, what, when, and where. But you don’t have to go any further and answer questions on your own.
Also, soon after the crash, an insurance employee might reach out for a statement. The insurer will have a lot of questions about who was at fault. You should prepare to answer truthfully, but in a way that doesn’t make you look bad.
We recommend politely declining to answer questions or give a statement until you’ve talked with a lawyer.
The insurance company records everything you say, and they can use it during the claim. If you admit fault, or the insurer can construe a statement as admitting some amount of responsibility, then it might deny your claim or limit your payout.
You don’t want to get into a discussion of fault before you know more about what happened and why. By talking with a lawyer first, you prepare to give the insurance company all the information it needs without saying something you shouldn’t.
There are several common mistakes injury victims make when they handle insurance claims themselves:
When an experienced car accident attorney handles the process, you avoid making common mistakes that can lead the insurer to deny your claim or significantly decrease your settlement. Typically, a lawyer increases your chance of the insurer deciding the claim in your favor. Our team also can help you maximize the amount of the settlement.
To talk about the benefits of partnering with a lawyer during the insurance claim process, use our contact form or call Kisling, Nestico & Redick at 1-800-HURT-NOW.