How to File a Claim After a Motor Vehicle Accident Injury

When someone injures you in a Connecticut car accident, your instincts should trigger a post-accident to-do list. You need to know what to do, how to do it, and when to do it. If you’re dealing with accident-related injuries, the “what” part of this question is pretty simple. You file a claim against the negligent driver who hurt you. If you’ve never been injured in an accident before, you also need to know when and how to file a claim after a motor vehicle accident injury occurs. Unfortunately, the answers aren’t as simple as they should be.

Insurance companies rely on a defend, deny, depose strategy that can turn your injury claim process into a mean-spirited game. When you don’t know the “rules,” you can end up sabotaging your own legal interests. As motor vehicle accident attorneys, we understand the legal issues, and we recognize insurance companies’ unspoken rules. We work around these traditions to recover fair compensation for our clients. 

We prepared “How to File a Claim After a Motor Vehicle Accident Injury” to help you understand some of the rules of the game. We hope this FAQ can prevent you from becoming a victim of an unfair or confusing claims handling process. 

What evidence do I need to support my motor vehicle accident injury claim?

Immediately after a crash, you have the best opportunity to take steps that support your accident injury claim. As anything you say or do can become evidence against you, begin with a commitment to remain as calm as possible, control your reactions, and dial 911. Police officers can document the accident, issue moving violations, and provide opinions on fault. 

Also, consider the following: 

• Think before you speak: Don’t say anything that might eventually jeopardize your claim.  
• Never admit fault: Liability is complicated. If you think you’re at fault, don’t say it. You could undermine a valid defense.
• Stick to the facts: Don’t speculate about the accident or say anything you don’t know for sure. 
• Don’t say “I’m not hurt.” You may not feel injury symptoms for several days. 
• Preserve evidence: Use your cell phone camera to document evidence.
  • Accident scene: Traffic signals, weather, pavement conditions, view obstructions, debris

• The other driver: License, insurance, contact information
• Vehicle: Year, make, model, old and new damage 
• Witnesses: Contact information  
• Ask for Help: Ask someone for assistance if necessary

• • Seek medical treatment: Get a checkup to document any injuries. 
  • Follow doctor’s orders: Consistent medical treatment supports your injury claim’s validity.

• Document your progress: Use simple journaling to track your recovery. This helps you document your pain, suffering, disabilities, and other post-accident trauma. 

• Don’t discuss your claim: Avoid discussing your accident or injuries with anyone except your attorney. Insurance investigators often seek information from neighbors and employers. They conduct activity checks, including:
  • Social media investigations
  • Neighborhood inquiries
  • Video surveillance outside your home

When you consult a lawyer, you have an advocate working on your behalf. They protect your legal rights while gathering the evidence necessary to support your case. 

When should I hire a motor vehicle accident injury attorney to handle my claim?

You should consult with a Connecticut car accident attorney as soon as possible after an accident. It’s your decision, but when you work with an attorney, it can improve your chances of receiving fair compensation. 

During your initial appointment, you can discuss your accident and injuries. A seasoned lawyer will review your legal options and answer your questions without charging a fee. If you execute an engagement agreement, a legal team will work on your behalf, but they won’t charge any legal fees until they resolve your claim.

Car accident attorneys conduct their own independent investigations and gather evidence to support your injury claim. They intervene with insurance companies, negotiate claim settlements, and represent you in court if necessary. They work on your behalf to negotiate the maximum settlement for your injuries. You need legal guidance for these and other reasons:

• Injury claims can be far more complicated than you anticipate. 
• Liability isn’t always clear, and injury values vary based on many factors. 
• An insurance adjuster may reduce your claim based on legal complexities you might not understand. 
• If you don’t understand injury values, they will likely offer a lower settlement than you should receive. 
• In some cases, a liability insurer may offer you no settlement at all.
• An adjuster can’t/won’t explain your statute of limitations and other essential information. 
• Adjusters establish claim reserves, but they try to pay less than the reserved amount. 

Motor vehicle accident attorneys deal with accidents and injuries daily. Claims adjusters understand this, so they adjust their thought processes and actions accordingly. They may still play unwarranted games, but they respect that they’re playing with a knowledgeable opponent. 

Even if you’re already dealing directly with an insurance company, an attorney may still agree to accept your case. As long as you haven’t signed a release, the attorney might be able to help you 

What are the steps to file a motor vehicle accident injury claim?

When a negligent driver injures you in an accident, you have a right to make a liability claim against their insurance company. You may also have valid claims under your own auto insurance policy. 

Filing a liability claim against a negligent driver

After an accident, a negligent driver must show proof of financial responsibility to verify they can pay for your damages. They usually meet this legal duty by filing a liability claim with their auto insurer. Their insurance claim department assigns a claim to an adjuster. When the adjuster conducts their investigation, they contact you or your legal representative. You have a legal right to make claims for accident-related property damage and bodily injury. 

• Property Damage: Damage to your vehicle, loss of use, diminished value, damage to personal effects, and property in your car
• Bodily Injury: Economic damages for out-of-pocket and future costs for income losses, treatment, therapy, and rehabilitation; non-economic damages such as pain and suffering, mental anguish, permanent scarring, etc

Filing first-party claims under your Personal Auto Policy

Your insurer owes damages based on its contractual obligations and the coverages you purchased. Whether you’re at fault for a vehicle crash or not, they have a duty to pay your collision damage. If an uninsured, underinsured, or hit-and-run driver caused your accident, your insurer may owe for bodily injury-related damages as well. Damages recoverable from your own insurer may include:

• Vehicle Damage: Collision coverage, transportation expenses 
• Bodily Injury: Medical payments, Economic and non-economic damages (Underinsured, Uninsured, or Uninsured Conversion coverages based on the negligent driver’s liability)

You must protect your insurer’s subrogation rights

If you file a bodily injury claim (UM/UIM) claim with your own insurer, you must comply with additional duties. Insurance companies have subrogation rights for any collision or uninsured motorist claims they pay. This gives them the right to recover damages from the negligent driver. 

If you’re still dealing directly with the other driver’s liability insurer, you must protect your insurer’s subrogation rights. You can’t sign away your rights, then file additional claims with your insurer. If your insurer paid accident-related claims or you expect them to pay you, you must obtain their permission before you file a lawsuit against the responsible driver.   

Why should I file a claim with my own insurance company if I’m not at fault? 

If you’re like many vehicle owners, you prefer to wait for the negligent driver’s insurer to make a claim decision. You must still meet your obligation to report your accident to your insurance company. 

• As an auto policyholder, you have a contractual duty to report any accident your policy might cover. 
• You can still file your claim with the liability insurer, but you must put your insurance company on notice. 
• Your insurer has the right to investigate your accident to determine if you have a liability exposure.
• You may eventually learn the other driver doesn’t have liability insurance, and you may have a valid uninsured/underinsured motorist claim. 
• UM and UIM coverages are mandatory if you have a Connecticut Personal Auto policy. If you don’t follow your insurer’s reporting and cooperation requirements, you may give them a valid reason for denying coverage for your claims. 

What evidence would an insurance adjuster want from me?

If you sustained injuries in an accident, both the liability insurer and your own insurer want your information to complete their investigations. While you don’t necessarily have to meet the liability insurer’s demands, your auto insurance company requires your cooperation. Insurers want:

• Your version of the accident: An adjuster may want to ask you questions about your accident and record your interview. If you sustained serious injuries, they may visit you at your home to take your statement. Otherwise, they may take your statement via a recording device on their phone. When you give a recorded statement, you put your version on the record permanently. Even if you change your mind about something you said, you can’t take it back. 

• Your medical bills/records to date: If an ER facility or hospital gave you a summary when they released you from the hospital, the adjuster will want a copy. They will also want documentation of any surgeries, medications, therapies, rehabilitation, and other medical treatment. You don’t have to give it to a liability insurer until you’re ready to negotiate your claim. If your insurer requests this information, you must comply. 

• An informed consent medical release: When you sign a medical release, you grant an adjuster the right to obtain your medical records. The document is specific as to how and when they can use it. They typically grant access to accident-related medical records, bills, hospital summaries, and doctor reports. A medical release may also give an adjuster the authority to request a narrative medical report. Depending on the wording, they may also be able to obtain information about past injuries.

When will the insurance company offer me a settlement?

An insurance adjuster might not offer you a settlement unless you ask for one. As insurance companies have differing claim practices and procedures, you can never predict the ultimate outcome. Companies must comply with Connecticut’s unfair claim practices statutes. Outside of the enforceable guidelines, each insurer follows its own rules. 

• A liability insurer may complete its investigation, deny liability, and then close its claim file. 
• They may decide to pay for your vehicle damage and say nothing about settling your injury claim unless you ask. 
• A liability insurer may set a claim reserve for your injuries, but they might not make an offer unless you make a settlement demand.    
• A liability insurer may decide their insured isn’t liable, send you a denial letter, close their file, and wait for the statute of limitations to run. 
• A claims adjuster may pay your medical bills and lost wages and ask you if there’s anything else. If you don’t ask about pain and suffering or other non-economic damages, they may simply say “thank you” and walk away. Some negotiators refer to this strategy as “brinkmanship.” 
• If you don’t ask or don’t understand how UM/UIM coverages work, your insurer might not explain your right to make an injury claim under your own policy. If they do, you must prove liability and damages.
• If an insurer negotiates an injury claim directly with you, they realize that you might settle low because you don’t understand the true value of your claim. 

Insurers train their adjusters to be personable and professional. That’s the best way to gain their trust and get the information and cooperation they need. You will never know the final outcome until you negotiate a settlement or your statute of limitations runs. 

What are common mistakes to avoid when filing a motor vehicle accident injury claim?

When dealing with insurance companies, it’s easy to become anxious or impatient. That’s when some people make mistakes. Here are some of the most common:

• Dealing directly with an insurance company: When an attorney represents you during the early stages of treatment and recovery, insurers can’t subject them to their games.  
• Failure to mention prior injury claims: Many insurers subscribe to an injury index bureau that tracks prior claims. An adjuster submits a new entry for every injured person. They receive a “hit” if a new submission turns up prior to or concurrent with injury claims. If you fail to mention these claims, the adjuster may use your credibility as a negotiation tool.
• Giving a liability adjuster a medical release: An adjuster can ask your doctor questions that may generate unanticipated responses. 
• Giving a recorded statement: Adjusters ask questions designed to document legal defenses you might not fully understand. They may ask about medication, glasses, and other issues that might have contributed to your accident.
• Negotiating your own injury claim: If you’re like most injured people, you probably don’t fully understand complex liability issues or the types of damages you can claim. This puts you at a disadvantage when negotiating your own settlement. 

How long do I have to file an injury claim after a motor vehicle accident?

In Connecticut, the statute of limitations usually allows you two years from your accident to file an injury claim. You must settle your claim or file a lawsuit before this deadline. If you miss this date, you lose your right to file a claim. Under certain circumstances, this two-year deadline may vary. To protect your legal rights, schedule a legal consultation as soon as possible after your accident. 

 
Contact a Connecticut Motor Vehicle Accident Attorney

If a negligent driver injured you, you need a legal team working on your behalf. Contact a motor vehicle accident attorney before you deal with an insurance company. An attorney protects your legal rights while taking steps to resolve your claim.