What does it mean to establish a claim after a car accident?
Generally, when attorneys talk about establishing a claim after a car accident, it means that they are communicating with the at-fault driver's insurance company and any potential un- or under-insured motorist carriers about the accident. An important part of establishing the claim with insurers is getting the claim set up with insurers and to get a claim number that your attorney will use to communicate with the insurer about the claim going forward. However, there are two (2) more important tasks performed in connection with the establishment of the claim after a car accident:
- Establishing a claim involves providing the insurer with notice of the incident that is covered by the insurance policy. As a condition of coverage, every insurance policy requires that the insurer receives timely notice of the occurrence of an event that is covered by the policy. The failure to provide timely notice of the occurrence of an event that is covered by the insurance policy can result in the insurer attempting to avoid coverage by filing what is called a declaratory judgment action.
- Establishing a claim is our first opportunity to discuss with the insurance company the details of the claim. Yes, first impressions really do matter. With the establishment of the claim, your attorney can begin to help the insurer understand the value of your case. This can make a huge difference for your final settlement.
If you or someone that you care about has been injured in a car accident, contact Hong & Sessions Law, LLC today for a free consultation.