What Are the Steps for an Accident Investigation? FAQ

So, you’ve had an accident in Connecticut. You’re waiting to hear from the insurance company, and you have no idea what to expect. Every friend and family member has an idea of how this should go. Each person shared a different experience, so you still have questions: What are the steps for an accident investigation? Do I have to talk to their insurance adjuster? Will the other driver’s insurance company pay my claim? 

If you’ve been in an accident, of course, you have questions. Those questions become more complicated when you’re injured or you need to understand complex liability issues. As car accident attorneys, we’ve helped many clients through the claim handling process. We understand that it can be unpredictable. You can avoid much of this frustration when an attorney represents you as soon as possible after your accident. 

For immediate post-accident guidance, we’ve prepared “What are the steps for an accident investigation?” This FAQ provides information you need now and as you consider your legal options.

What Are the Steps for an Accident Investigation?

Every insurance company has its own claim process, so you never know what to expect. That’s one of the things people find most frustrating. Before, during, and after the claim department takes over, claims go through a multi-step investigative process. Unfortunately, the people handling your claim might not do a very good job of explaining those steps to you.  

An insurer might have several reasons for not telling you about their next steps in their claim-handling process. 

• They haven’t decided. 
• They’re too busy to tell you.
• They don’t want to tell you. 
• The person handling your claim doesn’t have enough experience to know. 

Here are the basic steps for initiating and completing an insurance claim investigation. 

1. File an accident report 

Nothing happens with your claim until the responsible party files a report with their insurer. One of the first steps for an accident investigation is the accident report. Initial claim reports capture the basic data needed to initiate an investigation: policy number, named insured, driver policy dates, coverages, accident description, accident date, and claimant (person claiming injuries or property damage).

Policyholders have several methods for reporting claims:

• Phone call: Policies and ID cards list toll-free numbers and other contact methods.
• App submission: Insurance apps simplify the claim reporting process.
• Text submissions: Some insurance companies allow claim reports via text.
• Website submission: Insurance company websites allow online claim reporting.
• Insurance Agent: Policyholders who purchased insurance through an agency can contact their agent to file a report. Some agents may have authority to handle small collision claims and other first party losses. 

Despite multiple ways to file a report, some people delay reporting their claims anyway. Some negligent drivers wait until an injured person files a lawsuit before contacting their liability insurer.

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2. Review the claim report and assign an adjuster 

An insurance company claim manager or supervisor reviews incoming reports and determines the potential for liability issues and injuries. They assign new claims to staff based on the claim handler’s knowledge and experience. While you may be most familiar with the job title “claims adjuster,” the person handling your claim might call themselves a claim representative, claims processor, claims investigator, bodily injury specialist, or litigation specialist. 

• When your claim involves injuries, you will likely deal with an experienced member of the insurer’s claim staff. Those with the most experience receive cases involving severe or catastrophic injuries, fatalities, or complex legal issues. When an injured person files a lawsuit, some insurance companies want the claim staff to remain actively involved. Others turn over all lawsuits to their defense counsel. 
• Some insurance companies outsource claims to independent services. If an independent investigator contacts you, they might not mention they’re an independent contractor. 

3. Review coverage 

Before a claims person makes contact with insureds and claimants, they do a quick policy review. They determine if a policy covers the circumstances, vehicle, driver, accident date, and time listed in the report. For example, if a policy expired at midnight and an accident occurred a few hours later, the adjuster would confirm the date and time before declining coverage for the claim. 

If an adjuster confirms that the policy doesn’t cover the accident date, time, or other aspects, the insurer denies coverage to their policyholder, usually without taking further action. If the insurer had no valid policy, they have no duty to contact any other parties. If they confirm coverage they move forward with their investigation.

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4. Find out how the accident occurred 

The person handling your claim investigates to determine how the accident occurred. If a policyholder reports a crash in a way that suggests questionable liability, they require a more thorough investigation and more steps for an accident investigation, including:

• Police report
• Site investigation 
• Driver’s statements
• Witness statements
• Medical documentation (obtain medical release)
• Vehicle inspections
• Expert opinions
• Other relevant details based on the accident circumstances 

If the other party hurt you during the crash, their liability insurer will try to get your information without telling you whether they plan to pay your claim. They don’t always request a recorded interview, but that’s the preferred method for getting the answers an insurer needs.  

5. Evaluate injuries 

If you signed a medical release, the person handling your claim will request medical updates throughout your recovery. They will review narrative medical reports, past claim results, disability information, and rely on professional knowledge to evaluate your injury’s value. If they believe you contributed to your accident, they may reduce your injury settlement range based on your negligence percentage. They may also have their attorneys search court records for cases with similar injuries. 

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What happens after the liability insurer completes its investigation?

After completing a liability insurance investigation, the claims adjuster decides whether to pay your claims. This can be one of the more frustrating aspects of the injury claims process because insurers sometimes do what works best for their policyholders and their loss ratio. They realize that if you don’t understand your legal options, you might go along with whatever they decide to do. 

• Deny liability: An insurer may decide that their policyholder isn’t responsible for your injuries and vehicle damage. They send you a letter denying liability, and they close their file. They wait for the statute of limitations to run, hoping you’ll just go away. As some injured people prefer not to file lawsuits, they do nothing. 
• Avoid discussing fault: Other insurers pay for your vehicle damages, discuss your injuries, and answer your questions if you call. They might ask for your medical bills and even pay them without ever admitting their insured is liable for anything. If a claim representative doesn’t mention where your case is headed, it’s up to you to start asking questions.  
• Leave you guessing: If you’ve been communicating with an insurer and they suddenly stop calling, it could be that your statute of limitations is only a few months away. That’s your deadline for settling a claim, filing a lawsuit, or losing your right to recover compensation. Unfortunately, they won’t tell you that. 
  • An insurer can’t keep communicating with you without telling you about your statute of limitations as it could be considered bad faith. 
  • They can’t tell you your statute of limitations is running because that could be interpreted as acting in the capacity of a lawyer. 
  • Theoretically, they have no option but to leave you waiting for a call that never comes. 
• Brinkmanship strategy: Some insurers rely on brinkmanship, a don’t-ask-don’t-tell type of decision. They pay your medical bills, then ask if there’s “anything else.” If you don’t ask for anything else (money for pain, suffering, etc.) they thank you and walk away without further discussion. Insurance companies may feel justified in this approach for several reasons:
  • It’s true, some people just want their bills paid. 
  • If an injured person wants money for pain and suffering, etc, they should ask for it. 
  • Technically, a liability insurer doesn’t owe any non-economic losses until a court renders a decision.  

Will the claims adjuster settle my case?

This is one of the obvious ways liability claim strategies vary. Insurance companies don’t always have solid rules for making a settlement offer and negotiating a case. They might do one or more of the following:

• Voluntarily pay for your vehicle damage, then wait for a demand before negotiating your injury claim
• Contact you periodically about your injuries, then offer you a nominal settlement
• Offer you a structured settlement only: an annuity-type arrangement with a lump sum and monthly payments
• Reduce your damages based on an unreasonable deduction for contributory negligence
• Delay settlement negotiations

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Some claim adjusters have no settlement authority

If your claim handler delays negotiations, it could be because they have no authority to settle your claim. This can happen when you’re dealing with an independent or novice claim adjuster. In many circumstances, they can’t even make a low offer without management permission. This is another thing an adjuster might not mention.

What Goals Do Claims Adjusters Have When Following the Steps for an Accident Investigation?

A claims adjuster must decide if their insured owes you a settlement for your property or bodily injury damages. As their liability insurer, it’s their responsibility to find out what their negligent policyholder owes and pay it. 

Should I give a recorded statement to the liability insurance adjuster?

No, you shouldn’t. Claims handlers prefer to gain information by asking you questions, listening to your answers, and recording the exchange. This helps them gather and document your version in your words. They can transcribe your statement for a written record that’s easy to review. Of course, this might not be the most prudent choice for you:

• If you’re on medication or in pain, you might not provide accurate responses to their questions. 
• If you’re feeling anxious, you can easily contradict yourself. 
• If you don’t fully understand the legal issues, you might say something that confirms you caused or contributed to the accident. 
• If days or weeks later you remember the facts differently, you can’t correct them.
• You create a record that may sabotage future settlement negotiations, depositions, or court testimony.

What prevents an insurance company from treating me unfairly?

Insurance companies operating in Connecticut cannot handle claims however they choose. They must meet statutory claim handling guidelines under CGS, Chapter 704s, §38a-816 (6) Unfair claim settlement practices. Claim departments cannot do the following:

• Fail to act promptly when handling claims under their insurance policies
• Fail to adopt and implement reasonable standards for prompt claim investigations
• Refuse to pay claims without a reasonable investigation
• Fail to affirm or deny coverage within a reasonable time after receiving proof of loss
• Fail to attempt a prompt, good faith settlement after liability becomes reasonably clear
• Compelling insureds or claimants to accept awards under threat of appeal 
• Claimant or insured claim delays based on requiring duplicate proofs of loss 

Insurers understand these standards, and yet some claim departments don’t always comply. Noncompliance can occur for various reasons, but you shouldn’t become a victim of an insurer’s shortcomings. 

What if the insurance adjuster denied my injury claim?

If an adjuster denies your claim, they probably won’t respond to you unless you file a lawsuit against their insured. You have the right to do that until your statute of limitations runs. Unfortunately, if you’ve been dealing directly with a liability insurance company, you may have already given them some of the information they need to defend their policyholder against your claim. 

While you can’t change the past, you can contact a car accident attorney to review your case. They can discuss your version of the accident, learn about your injuries, and determine if they can help you. 

How long do I have to file a lawsuit?

In most situations, you have two years from a Connecticut accident to file a lawsuit. If you don’t settle your claim or file a suit by your deadline, you lose your right to make a claim. 

Connecticut Motor Vehicle Accident Attorneys

If someone injured you in an accident, contact a motor vehicle accident attorney as soon as possible. When you schedule a case review, we arrange a complimentary information sharing session with no commitments. You can discuss your accident and learn more about your claim’s potential value. When you’re ready to establish an attorney/client relationship, a law firm will do what’s necessary to protect your legal and financial rights.