Car accident claims are requests sent to insurance companies to pay specific fees and losses associated with an accident their policyholder caused. It seems simple, but the process of filing a claim and getting the insurance company to pay you fairly is rarely simple. Here, you will learn how to file a car accident claim in Tulsa for your accident, but do not overlook the importance and value of hiring a Tulsa car accident attorney from Gorospe Law Group to guide you.
Define Fault
The first step is to ensure the other party, the policyholder, is at fault. This is often documented on the accident report if the police officer made that decision. Insurance companies may try to refute that accusation. For that reason, it helps to have evidence to back up these claims, such as:
- Witness statements
- Evidence from the scene, such as damage to the cars
- Photos and video of the accident
- Expert analysis
- Accident re-creation services
Once you can clearly demonstrate fault, you are able to determine who to file a claim through, as long as the driver provided their information.
Determine the Value of Your Case
The next step is to determine the value of your case by calculating all losses you have. This is often complex, but it should include:
- Medical bills
- Lost wages and benefits at work
- Property damage
- Pain and suffering
- Emotional damage
Outline exactly what those losses are and provide any verification of them. Your attorney can help you calculate non-economic losses, such as pain and suffering.
Create a Demand Packet
The next step is to take the information you have and compile a demand packet or a set of forms that provide the details to support your claim. You may need to provide evidence of your injuries, such as your medical records. The evidence you present should be as thorough as possible.
Insurance Investigation
The insurance company will investigate the case and claim. They will speak to the at-fault party, gather evidence to potentially refute any component of your claim, and then provide you with questions. You may need to answer that information.
Settlement Negotiations
The insurance company may then agree to a lower sum than you proposed. Some negotiations are common and should be considered a normal part of the process. It is always wise to ensure your attorney has the ability to review these offers and negotiate on your behalf since initial offers are often not final offers.
Go to Court
Most of the time, this leads to settling the case. There are situations where the insurance company denies your claim. You may need to pursue a lawsuit against them to hold them to their responsibility.
Because of the complexities in both proving your case and working to clearly define your losses, it is beneficial to have an attorney help you with the entire process. Knowing how to file a car accident claim in Tulsa helps you understand the process and gives you the insight you need to know what to expect.