After a car accident, it can be difficult to figure out your next moves. The at-fault driver might want to “keep insurance out of it” or “handle it privately,” but getting the compensation you need often means filing with insurance or even suing in court. So what should you do?
If you did not cause a car accident, you should have no problem contacting your insurance company and perhaps the at-fault driver’s insurance company – depending on your state’s laws – and filing a claim. This is the typical way of getting compensation, and you should never rely on the defendant to pay you privately. In general, your insurance does not go up if you were not at fault, and you may be required under your policy to report all accidents to your insurance whether they were your fault or not. All in all, a lawyer can help you determine what to do next and help you get paid for your accident.
If you were hurt in a crash, call our Maryland car accident attorneys today for a free case review at Rice, Murtha & Psoras at (410) 694-7291.
Do I Have to Tell Insurance About My Car Crash?
As part of your insurance policy, there is probably a requirement that you report all accidents to your insurance company. Whether you want to keep your case away from insurance or not, it is important to keep up with the terms and requirements of your insurance policy, which means you might need to report your crash either way. Your insurance company can then help you figure out how to get compensation, either through your first-party benefits that you already pay for or by filing a claim against the at-fault driver’s policy. In any case, you should work with our car accident lawyers as well; we have to put your needs and best interests first, while insurance companies – even your own insurance company – might put their bottom line first.
Can My Insurance Company Increase My Rate if I Report a Crash?
One reason people are afraid to file an insurance claim after a crash is that they think their rate will go up. Generally, insurance carriers only count things against you if you caused the crash; if you were not at fault, it is not supposed to affect your rate. There may be some exceptions if you have been involved in a high number of crashes that weren’t your fault, given that it is just more expensive to insure you. However, when you didn’t cause the crash, you should never be afraid to file an insurance claim.
Can I File an Insurance Claim with My Insurance Company After a Car Crash?
One factor that often makes people hesitate to call an insurance company or file a claim is the fear of revealing information to the at-fault driver’s insurance company. This kind of hesitation is actually great: you should not talk to the at-fault driver’s insurance company until you have spoken with a lawyer about your case first. You also should be hesitant when talking to insurance companies generally so as to not reveal any information they might misread as an admission of fault. However, talking with the at-fault driver’s insurance might not be an issue in the first place until after you have already talked to your insurance company.
Many drivers have first-party benefits that can pay them regardless of who was at fault. For example, Maryland law requires all drivers to carry a small amount of PIP (personal injury protection) insurance. This no-fault coverage pays you and anyone injured in your car for some of their medical expenses and lost wages, regardless of who caused the accident. This coverage must provide at least $2,500 to defray some of the initial costs, all before you file a claim with the at-fault party.
You may have higher PIP insurance or, depending on your state and the coverages available, different types of first-party benefits that pay you regardless of fault. In some states, you might even be required to use this coverage, blocking you from filing a lawsuit unless your injuries meet certain thresholds.
Can I Sue Instead of Using Insurance?
In some cases, filing a claim against the at-fault driver’s insurance is a trivial matter, given that the insurance company will either offer you a low-ball settlement that will not pay for your damages or they will simply deny your case and force you to take them to court anyway. In some cases, we might be able to just file in court right away, doing away with any need to worry about the insurance claim.
Our attorneys can file both an insurance claim and a lawsuit and pursue damages down both tracks. If the insurance claim happens to pan out and pay you what you need, we can end the court case, and you can walk away with the compensation you needed. But if we need to press on and take the case to trial, we are already on the right track. In any case, our lawyers can break down your case, investigate the fault and actions of every driver involved, look into your damages, and help you determine your best course of action.
In most cases, if you sue a driver who has insurance, you are going to file your lawsuit against the person, but their insurance company will end up providing them with a lawyer and paying for damages up to policy limits. So, at the end of the day, your case is still against their insurance even if you sue; it’s not a separate claim altogether, and their insurance still gets involved.
Should I Avoid Insurance if The At-Fault Driver Doesn’t Want to Use it?
If the other driver says they want to keep insurance out of the case, do not listen to them. This might be because they know they are at fault and want to avoid any official reports or records, or they want to avoid their rates going up. They do not get to make this choice for you, especially if they’re the ones who caused your injuries. Talk to a lawyer and file any insurance claims or lawsuits you need rather than relying on the at-fault driver to dictate what happens next.
Call Our Car Accident Lawyers Today
For a free case evaluation, call (410) 694-7291 for a free case review with the Aberdeen, MD car accident lawyers of Rice, Murtha & Psoras.