What Is The Process For Filing A Car Accident Claim?

After a car accident, you might realize the importance of filing a claim promptly. Yet, the process can be overwhelming, especially when dealing with physical pain and emotional stress. 

Understanding each step can reduce confusion and ensure you receive the compensation you deserve. Personal injury lawyers can guide your case from the car accident scene through to the final resolution. 

Step 1: Take Prompt Action at the Scene

Ensure everyone's safety by relocating your vehicle out of harm's way and checking for injuries. Call emergency services if immediate medical assistance is needed. 

Even if you don't seem to be injured, you should get medical attention as soon as possible since some symptoms may not be readily apparent. Follow your physician's treatment plan and keep records of your prescriptions, follow-up appointments, and any related expenses like travel or assistive devices.

Exchange contact information with all other involved parties, like drivers and eyewitnesses. Don't comment on fault or liability. Document the scene by taking photos or videos of property damage, license plates, skid marks, and any relevant road conditions or traffic signs.

In Arizona, you must report the accident to the local traffic authorities if any of the following statements are true:

• Someone died as a result of the accident
• Anyone was injured
• The property damage exceeds $2000

The law enforcement officer might issue a citation to the at-fault party. Later, the official report of the traffic violations and the details recorded by the officer can serve as valuable evidence in your case. 

Step 2: Contact a Personal Injury Attorney

Insurance companies can look for ways to reduce your payout. They have even been known to search social media. Therefore, avoid discussing the event with anyone except your lawyer and law enforcement authorities. Additionally, you should not post pictures and comments online.

Our team can also gather evidence at the accident scene before it’s too late. Although securing CCTV and private security camera footage might seem daunting to the average person, Big Auto has years of experience in collecting proof to support personal injury claims.

Lawyers can also contact your insurance company. You will likely find that the process goes much more smoothly when you have a team of experienced professionals dealing with tedious paperwork requirements and deadlines. Best of all, attorneys can negotiate to maximize your settlement. 

Big Auto's phone lines are always open. Call 1.844.BIG.AUTO to schedule a free consultation. Our personal injury representatives can advise you on the legal process ahead and determine the value of your losses. 

Step 3: Document Your Experiences

How can you communicate your losses in a personal injury action? One way is to keep a health journal. Regularly write about your pain level and how your injuries affect your career and daily life. You can also include pictures that show the progression of your injuries.

Save your receipts and documents related to the crash, such as:

• Medical bills
• Prescriptions
• Correspondence with your doctor
• Travel costs for medical appointments 
• Car rental
• Towing services
• Property damage repair estimates
• Childcare
• Household and lawn help
• Home modifications
• In-home nursing or personal care
• Pay stubs
• Tax returns
• Reasons for missed work

Have you noticed a change in your mental health after your accident? In Arizona, you can recover damages for pain and suffering you experience due to:

• Emotional distress
• Physical pain and discomfort
• Anxiety
• Post-traumatic stress disorder (PTSD)
• Depression
• Sleep disorders 
• Avoidance of emotions, experiences, or activities associated with the trauma

When in doubt, save it. Your lawyer will determine what is helpful for your settlement.

Step 4: Consult Before Signing Anything

Many accident victims leave financial negotiations in the hands of capable legal professionals. However, some regret accepting settlements that later prove to be wildly insufficient to cover their losses.

If an insurance adjuster approaches you with an offer, it would be prudent to refer that person to your lawyer. Attorneys can review the agreement and negotiate for a higher amount if it is less than you are due. You will still have the final say in either taking the money or pursuing more through legal measures. 

Step 5: Consider All Your Options

Most car accident cases are resolved without a judge or jury trial. Your lawyer could also negotiate a settlement directly with the insurance company or opposing counsel. Let's explore some other methods of pursuing compensation.

Mediation

A neutral third party, called a mediator, facilitates this method of alternative dispute resolution. Often, retired judges or lawyers play this role. 

Before the appointment, both parties might need to prepare a mediation statement to give to the mediator and the others involved. If so, your attorney can help you organize the facts and present your demands. 

Next, the following parties may take part in a supervised conversation to settle issues and discuss the consequences of any agreements:

• The injured parties
• The at-fault driver
• Lawyers
• Insurance representatives

Though mediators guide the discussion and give their opinions, their decisions are not binding. 

Arbitration

In this method, the impartial party is called an arbitrator. This individual decides how much the at-fault party's insurance company should pay the injured person. 

Since this decision could be binding, all parties must agree on the factors listed below:

• To arbitrate
• Who should serve as their arbitrator (i.e., someone with no interest or involvement with the personal injury case)
• Who will pay arbitration fees
• Whether the decision will be binding or non-binding
• What issues of the case will be decided upon
• Any limitations placed on the award (e.g., maximum or minimum settlement amounts)
• How to present evidence (e.g., written, verbal)
• What rules of evidence apply

Your lawyer could also negotiate a settlement directly with the insurance company or opposing counsel. By carefully considering your options, you can make an informed decision on the best way to pursue your case.

Pay Nothing Unless You Win

When hiring the attorneys at Big Auto, one worry you won't have is how you will pay for the legal representation out of pocket. Our team is dedicated to timeliness, honesty, and organization. We are confident in our experience, and we want you to be able to afford our legal services no matter what, so you won't owe us anything unless we win your case. 

Why not leave your car accident claim in our capable hands? Our track record of success speaks for itself, reflecting our unwavering dedication to our clients. 

Don't let the complexities of filing a car accident claim overwhelm you. Our experienced personal injury lawyers are here to provide the experience and support you need, prioritizing your rights and recovery. Contact Big Auto today to ensure you receive the compensation you deserve.

Content reviewed by managing attorney, Nic Edgson. Nic has been an Arizona-licensed lawyer for more than a decade and focuses his law practice on helping people seriously injured in car accidents and truck accidents. He has represented thousands of clients and recovered more than $50 Million Dollars fighting for their injuries and medical bills. Throughout his legal career, Nic has helped those injured through some of the most difficult times in their lives.