Being involved in a car accident can be overwhelming, but knowing how to report and resolve your auto insurance claim can help you recover compensation for vehicle damage, medical expenses, and lost wages. Insurance companies often try to minimize payouts, so understanding the claims process is crucial.
At The Law Office of Enoch P. Hicks, we help accident victims navigate the complexities of auto insurance claims and ensure they receive fair compensation. Here’s a step-by-step guide to reporting and resolving your claim effectively.
Step 1 – Initial Contact with the Insurance Company
After an accident, notify your insurance company as soon as possible. Many insurers require prompt reporting, and delaying your claim could lead to coverage denial.
What to Provide During the Initial Report
When contacting your insurer, be prepared to share:
✔ Your policy number
✔ Date, time, and location of the accident
✔ Names and contact details of all parties involved
✔ Police report number (if applicable)
✔ A brief statement about the accident (Stick to the facts and avoid admitting fault.)
💡 Tip: Keep your communication brief. Insurance adjusters may try to get you to admit partial fault for the accident to reduce their liability.
Step 2 – Gathering Evidence to Support Your Claim
Strong evidence is key to proving fault and maximizing your settlement. The more documentation you have, the harder it is for the insurance company to deny or undervalue your claim.
Essential Evidence to Collect
💡 Accident Scene Photos – Capture vehicle damage, road conditions, skid marks, and any visible injuries.
💡 Police Report – If law enforcement responded, obtain a copy of the official crash report.
💡 Witness Statements – Collect names and contact information of anyone who saw the accident.
💡 Medical Records – Keep track of emergency room visits, doctor’s appointments, prescriptions, and physical therapy.
💡 Vehicle Repair Estimates – Obtain quotes from certified auto repair shops to assess damage costs.
💡 Tip: If you are injured, follow all medical treatments and doctor recommendations. Gaps in treatment can be used against you during negotiations.
Step 3 – Evaluating the Insurance Claim
Once your insurance adjuster receives your claim, they will:
✅ Review accident details and evidence
✅ Assess property damage and repair estimates
✅ Examine medical reports for injury-related claims
✅ Determine who was at fault
Understanding the Adjuster’s Role
Insurance adjusters work for the insurance company, not for you. Their goal is to minimize the payout by questioning the extent of damages or suggesting shared fault.
💡 Tip: Be cautious if the adjuster requests a recorded statement. You are not legally required to provide one, and anything you say can be used to weaken your claim.
Step 4 – Presenting the Demand for Compensation
Once you have gathered all necessary documentation, you (or your attorney) will submit a demand letter to the insurance company outlining:
- Liability (why the other driver was at fault)
- Medical Expenses (past, present, and future medical treatment costs)
- Lost Wages (if the injury affected your ability to work)
- Pain and Suffering (emotional and physical distress)
- Property Damage (vehicle repairs or replacement)
💡 Tip: Your demand should be higher than what you’re willing to accept because insurers will likely counteroffer with a lower settlement.
Step 5 – Negotiating the Settlement
Once the insurance company reviews your demand package, they will either:
✅ Accept the demand and pay in full (rare).
❌ Deny the claim (often citing lack of evidence or disputed liability).
💡 Make a lower counteroffer (most common).
What to Expect During Negotiations
✔ The first offer is usually low – Insurance companies hope you’ll accept\ a quick payout.
✔ You can reject the offer and counter – Provide evidence supporting why you deserve a higher amount.
✔ Don’t rush into a settlement – Once you sign, you waive your right to pursue further compensation.
💡 Tip: If the insurance company refuses to make a fair offer, hiring a personal injury attorney can increase your chances of securing a higher settlement.
Step 6 – Handling Insurance Company Tactics
Insurance companies often use delay and denial tactics to pressure claimants into accepting lower settlements. Here’s how to respond to common strategies:
Common Tactics and How to Respond
❌ Claim Denial Due to “Insufficient Evidence”
✔ Provide additional documentation, including medical reports, expert statements, and accident reconstruction analysis.
❌ Blaming You for the Accident
✔ Georgia follows a modified comparative negligence rule – You can still recover damages even if you are partially at fault.
❌ Delaying Payments or Processing
✔ Stay persistent. If the insurer is unreasonably delaying, your attorney can escalate the claim.
❌ Pressuring You to Settle Quickly
✔ Early lowball offers often do not cover future medical expenses. Wait until you understand the full impact of your injuries.
💡 Tip: If the insurance company refuses to negotiate fairly, you may need to file a personal injury lawsuit to recover the compensation you deserve.
Step 7 – Reaching a Fair Settlement
A successful settlement should cover:
✔ All current and future medical expenses
✔ Full repair or replacement of your vehicle
✔ Lost wages and reduced earning potential
✔ Compensation for pain, suffering, and emotional distress
Once both parties agree on a final amount, you will:
✅Sign a settlement agreement
✅Receive a lump sum or structured payments
Tip: Review the settlement terms carefully before signing. Once
finalized, you cannot reopen the claim to seek additional compensation.
Get Professional Help for Your Auto Insurance Claim
Navigating an auto insurance claim can be frustrating, especially when dealing with lowball offers and unfair denials. If you’re struggling to get the compensation you deserve, Attorney Enoch P. Hicks can help.
Office Address: 279 Washington Avenue, Marietta, GA 30060
Call Today: 678-977-8297
Email: eph@ephfirm.com
No Attorneys’ Fees Unless You Win – Schedule Your Free Consultation Today!