After an accident, one of your first concerns will probably be whether your injuries and property damage are covered by auto insurance. Luckily, you probably have at least some insurance coverage, because 48 states make auto insurance mandatory. (The other two, Wisconsin and New Hampshire, allow residents to drive without insurance as long as they have the financial resources to pay for any damage they cause in an accident.) Unfortunately, having some auto insurance is not the same as having enough auto insurance — and some drivers break the law by carrying none at all. This is bad news if you rely on the other driver’s insurance policy to cover your injuries.
You should understand how insurance works in Washington State. There are two types of auto insurance systems in the United States, and which one you use usually depends on where you live. Most states are at-fault or tort states. This means the at-fault driver is legally responsible for any injuries and financial costs caused by the accident. The other driver’s insurance policy is supposed to pay those costs, but you may have to sue the other driver to get payment if the facts are in dispute.
In Washington we also have no-fault auto insurance coverage. If your insurance policy has coverage called Personal Injury Protection (PIP), your own insurance company is required to pay for certain damages (like medical bills and lost wages) regardless of who’s at fault for the accident. This is important coverage because it requires your carrier to pay for these expenses when they are due. However, this coverage is limited by the terms of your insurance policy.
Most people who have PIP will have coverage of at least $10,000, but some may have the maximum of $35,000 (as of the date of this writing). Also, most PIP policies will only pay up to 85% of your lost wages starting two weeks after the accident. You should read your policy carefully to understand what other limitations and/or restrictions may apply. If you have questions you should speak to an experienced personal injury lawyer.
After you receive medical care and recover from the immediate effects of your accident, one of the first things you should do is call your insurance company. You will probably also have to call the other driver’s insurance company and let them know that an accident has occurred and a claim will be pursued. You should make that call as soon as you reasonably can, because waiting too long might make it look to the insurance company like you are exaggerating your injuries. Calling quickly is also part of your obligations under the contract you signed with your insurer.
This first call should be fairly short. Its purpose is only to give the insurance adjuster the basic facts about your accident and the information for the other driver’s insurance company, if there is one. In fact, during the call, the insurance adjustor on the other end should never ask to record you or ask you to sign anything, especially in exchange for money. If you get this kind of request, you may be dealing with a dishonest company; you should politely decline and call a lawyer as soon as possible.
During your initial call, the insurance adjustor will probably ask you who was at fault for the accident or who was to blame. She might also ask if anyone got a ticket. If this is disputed or you truly are not sure, just stick with the facts.
During this first conversation (or any other conversation) with an insurer, it is important to avoid apologizing or accepting blame just to be polite, because that could be taken as an admission of guilt. Also, if you were knocked unconscious or taken to the hospital, you may not have gotten the full story. One way to get it is to obtain a copy of the accident report made by the police (if one exists). If they will not release it, your insurance adjustor can get it for you and use it to start your claim.
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