Should You File an Accident Claim After a Fender Bender?
Both involved drivers inspect their vehicles, inquire about any injuries, and typically go their separate ways. Yes, there are times when you aren’t legally required to immediately report a car accident.
However, leaving the accident scene can make filing a claim after a fender bender a little more complicated. This brings us to the question of whether it’s even worth your time to file an accident claim after a fender bender.
For most drivers, the answer is yes. You may have soft tissue injuries or unseen vehicle damage and you don’t want to be stuck paying these expenses.
Determining Fault in a Fender Bender
Before you can file an accident claim, you need to determine fault. This is a reason why it’s always a good idea to immediately report all accidents, even a minor fender bender. Illinois does allow drivers involved in some vehicle accidents to file a report online.However, state law also requires you to remain at the accident scene if there are any injuries or fatalities. Since this is a fender bender, injuries are usually non-existent and fatalities rarely occur.
With that being said, state law also requires any accident with property damage over $1,500 to be immediately reported. This also applies if the vehicle is uninsured and sustains more than $500 in damage. Since you’re rarely sure of the extent of the vehicle damage it’s usually best to be proactive and contact the authorities.
Along with following the law, it’s easier to determine liability at the accident scene. Why is liability so important in a personal injury claim? You must prove liability before your claim can move forward.
Colorado is an at-fault insurance state so you file your claim with the driver responsible for the accident insurance company. The insurance company also plays a role in determining fault and the police accident report can help support your claim.
Something else to note is Colorado is also a comparative negligence state. If you’re also responsible for the accident, you may still be able to file an insurance claim., as long as you’re not more than 50% responsible for the fender bender.
Your compensation will be reduced by the percentage of your blame, but you can still receive a settlement to help cover your damages.
Pay Attention to the Statute of Limitations
If you immediately reported the fender bender, there’s one less deadline for you to worry about. You have ten days from the accident date to file a report with the authorities. However, regardless of when you file the police report, the statute of limitations on your personal injury claim keeps running.You have two years from the date of the accident to file a claim with the at-fault driver’s insurance company. If you’re responsible for the accident, the other driver has two years to file a claim with your insurance provider.
What happens if the statute of limitations runs out before you file an insurance claim? There’s a good chance you’re not going to be able to receive compensation for your damages. There are a few exceptions to the statute.
For example, the statute can be paused for minors until they turn 18. If the at-fault driver can’t be served with papers announcing your intention to file an accident claim, the statute may be paused until the defendant is located. These are only a few examples of when the statute may potentially be paused.
Once you file the claim, you can stop worrying about the statute of limitations. The next deadlines to worry about are the ones set down by the court if your claim turns into a lawsuit.
Navigating a Fender Bender Accident Claim
Since injuries and property damage are usually minimal in a fender bender, you may think the claim process will be quick and easy.Guess what? Rarely is anything easy when you’re filing an insurance claim. Insurance companies aren’t keen on paying out large claims and can use plenty of tactics to try and reduce your compensation amount.
However, before you start worrying about the insurance company trying to delay or devalue your settlement, there are a few things you should do to get the process rolling.
- Gather evidence: This typically involves taking photos of any vehicle damage and your injuries if any are present. You also want to get contact information from any witnesses who are around. Don’t forget to pick up a copy of your accident report, which is usually ready in about ten business days and you’ll need a copy to submit with your accident claim. You also want to collect your medical records, even if they are only for a quick checkup. Your property repair estimates should also be included with your insurance claim.
- Filing the claim: You file your claim with the at-fault driver’s insurance company. The forms are pretty basic but it doesn’t hurt to have assistance from an experienced accident attorney. Your attorney can be especially helpful when it’s time to calculate your damages.
- Negotiations: This is usually the most time-consuming part of the claim process. You sit down with the at-fault driver’s insurance adjuster and try to negotiate a settlement everyone can live with. Don’t be surprised if the first number the insurance company tosses out doesn’t come close to covering your damages. This is standard practice. Simply refuse the initial offer and get ready to settle into a few rounds of negotiations.
Sometimes, negotiations go nowhere. Instead of giving in and accepting a lower settlement amount, you can take your claim to civil court. Now, it’s a lawsuit and you can decide if you want your case heard before a judge or jury.
If your case is successful, the at-fault driver’s insurance company must pay the amount decided by the court. If you lose your case, you can file an appeal afterward.
Fender Benders Can Cause Significant Damage
Even a minor fender bender can cause significant vehicle damage. A light tap on your bumper can disrupt your alignment or suspension, and repairs are rarely cheap. Filing a claim against the at-fault driver can help you recover your damages.However, working with an experienced accident attorney is always best to ensure you receive fair compensation. They can navigate the complexities of insurance claims, negotiate on your behalf, and advocate for your best interests, providing peace of mind throughout the process.
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Posted - 07/03/2024
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