How to Handle Insurance After Fault is Determined?

Question from Bob, How to Handle Insurance After Fault is Determined?

Answer from AI:

If you’ve been involved in a car accident in Missouri and later discover that the other driver was at fault, there are steps you can take to address the situation with the other driver’s insurance company. Here’s a general guide on how to proceed:

1. Review the Statement Indicating Fault

• Examine the statement you received in the mail that indicates the other driver was at fault. This document will be crucial in your dealings with the insurance company.

2. Contact Your Insurance Company

• Inform your insurance company about the new information regarding fault. They may need to coordinate with the at-fault driver’s insurance company on your behalf.

3. File a Claim with the At-Fault Driver’s Insurance

• Reach out to the at-fault driver’s insurance company to file a claim. Provide them with the statement indicating their insured is at fault and any other relevant documentation.
• Be prepared to discuss the total loss of your vehicle and the need for compensation to replace it.

4. Document Your Losses

• Keep records of all expenses and losses related to the accident, including the value of your totaled car and any rental car expenses.
• Document your job loss if it is directly related to the accident and your lack of transportation.

5. Consider the Injury Claim

• Since there was a minor passenger involved who filed an injury claim, it’s important to include this in your discussions with the insurance company.
• Ensure that the minor’s rights and claims are also being addressed, which may involve consulting with a personal injury attorney.

6. Negotiate with the Insurance Company

• Be prepared to negotiate with the insurance company for a fair settlement. They may initially offer a lower amount than what you believe you are entitled to.

7. Seek Legal Advice if Necessary

• If you encounter difficulties in dealing with the insurance company or if the settlement offered does not cover your losses, consider consulting with a lawyer who specializes in car accident claims.

8. Legal Representation

• Especially since there was a job loss and an injury involved, legal representation might be necessary to ensure that all your claims are properly addressed.

Additional Considerations

• Time limits for filing claims: Be aware of the statute of limitations in Missouri for filing a lawsuit if the insurance process does not result in a satisfactory outcome.
• Uninsured/Underinsured Motorist Coverage: If you have this coverage on your own policy, it may provide additional options for compensation.

Remember, each situation is unique, and this information is not a substitute for personalized legal advice. For specific guidance, you should consult with a legal professional. They can help you understand your rights and the best course of action based on the details of your case.

For more information on the claims process, you can visit the Missouri Department of Insurance website.