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Frequently Asked Questions
& General Information Sources
How to Deal with the Insurance
Company After an Automobile Accident
by: Texas RioGrande
Legal Aid
Before you can deal
with the insurance company (either yours or those
of other people involved in the accident) you will
need to have all of the facts correct. First, make
sure to gather all the evidence you can about the
accident. This is where having properly filled out
the ‘emergency accident form” will be
useful. Next, you need to determine who is at fault
for the accident. It is important that you have
some official evidence to support your assessment
of blame, such as state traffic laws or evidence
from a police report. Your final course of action
will be to determine what your claim is worth.
After you have completed
these preliminary steps, you need to send a formal
demand letter to the insurance company of the person
who is at fault for the accident. This might be
your insurance company if you were involved in an
accident with an uninsured or underinsured motorist.
Finally, you will
engage in informal negotiations with the insurance
company. When you have reached an agreement that
you are happy with, the process will be concluded.
If, however, an agreement cannot be reached, you
may have to enlist an attorney to deal with the
insurance company and/or take the claim to court.
What to do if an Insurance Company Contacts You:
You should first identify the person with whom you are speaking,
the company he or she represents and the person
the insurance company represents. During this phone
conversation, it is important that you give limited
personal information. Your name, address, and phone
number is sufficient. You can also tell the person
who calls you that further contact should be made
through your insurance representative. It is important
that you do not give any details about the accident
or your injuries. The insurance company representative
may make an offer to settle your claim immediately.
It would be in your best interest to review the
offer in detail and take some time to consider it
before making a decision. Do not allow yourself
to be pressured into accepting or signing an offer
with which you are not completely satisfied.
If you need more information
on dealing with insurance companies, writing demand
letters, determining who is at fault, and/or determining
how much you deserve to be compensated, refer to
the NOLO web site at: www.nolo.com.
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