Where Should I File My Injury Claim? Key Considerations

After an accident, you’re faced with many crucial decisions. While it’s natural to focus on what to do with the actual damage of your vehicle, figuring out how and where you’ll file your insurance claim. If you don’t have full coverage, you’re going to be forced to go with “at fault”. Whatever direction you choose to go in, there’s a litany of pros and cons.

Why Go With Yours

Your insurance is contractually obligated to treat you fairly and handle your claim timely. In addition to the policy, there are state laws that protect you against bad behavior by the insurance company. Because of both of these facets, your claim will be handled quicker.

If you have personal injury protection insurance then you will need to open a claim anyway. There is a dispute on the facts of the accident. If the at fault party needs extensive time to investigate who is at fault it may cause you to wait weeks or months to get compensated for the vehicle damage.

Why Not to Go with Your Insurance

Your insurance company may raise your rates even if it’s not your fault. Most won’t, but it’s good to ask your insurance agent prior to filing a claim. If they do raise your rates, then you should change companies. Staying with one insurance company for many years is not necessary.

You’ll also have to pay your deductible. You can often get that deductible back from the at fault party in the weeks or months following the collision, but initially you generally have to pay the deductible.

Why Go with At Fault

If you file as at fault, you don’t have to pay a deductible. You also won’t have to open a claim with your insurance company and risk your insurance rate going up.

Why Not Go With At Fault

In an insurance claim, you’re often looking to protect yourself. However, if you file as at fault the insurance companies aren’t contractually obligated to treat you fairly. Because of this they often delay reviewing the claim. They are constantly building a case against you so you have to be careful with every word.

Every case is different and your situation will likely surely have its own quirks to work through. We can help. Elsner Law Firm can provide advice and guidance as you work through your accident case and file your claim. Give us a call today.