Seeking Guidance on Bodily Injury Claims After a Car Accident
My husband was involved in a car accident at the end of January and was not at fault. We already have a bodily injury claim open with our insurance for medical payments, and our chiropractor is able to bill USAA directly. However, it seems our medical payments coverage is limited to $5,000.
Should we also file a claim with the third-party insurance provider? We want to seek reimbursement for pain and suffering as well as lost wages, as he was out of work for two weeks and received chiropractic care for about a month. We’d greatly appreciate any advice on how to navigate this process, as we’re a bit lost at the moment. Thank you!
I’m sorry to hear about your husband’s accident, but it’s good that you’re seeking clarity on the next steps. Since your husband was not at fault for the accident, you can definitely open a claim with the third-party insurance provider—the insurance company of the driver who caused the accident. In California, you can pursue compensation for bodily injury including pain and suffering, medical expenses, and lost wages from that claim.
Here’s a general outline of the steps you might want to consider:
Contact the Third-Party Insurance: Reach out to the at-fault driver’s insurance company to start the claim process. You’ll need the basic details about the accident, including dates and descriptions.
Gather Documentation: Collect all documentation related to the accident and your husband’s injuries. This includes medical records, bills from the chiropractor, proof of lost wages from his employer, and any other relevant evidence (e.g. photos from the accident, police reports).
File a Bodily Injury Claim: When filing the claim with the third-party insurer, clearly outline all the damages your husband is seeking, including medical expenses, pain and suffering, and lost wages. Be prepared to provide substantial documentation to back up your claims.
Negotiation: After you file the claim, the insurer may make an initial settlement offer. You don’t have to accept the first offer; you can negotiate to try to reach a settlement that fairly compensates for all the impacts of the accident.
Consider Legal Advice: If you’re unsure about the process or feel overwhelmed, you might want to consider consulting with a personal injury attorney. They can provide guidance and help ensure that your husband’s rights are protected while negotiating with the insurance companies.
Make sure to act promptly, as there may be deadlines for filing claims. Best of luck, and I hope your husband has a smooth recovery!