AUTO INSURANCE CLAIM INVESTIGATION
Immediately following an accident, you should exchange your license,
registration, and insurance information with the other driver or
drivers. Subsequent to this, you should file an accident report with
the local police and the Registry of Motor Vehicle. Every accident
involving more than $1,000 in property damage or involving a personal
injury must be reported to the police and Registry under Massachusetts
state law. Forms for doing so can be obtained from the police or from
your insurance agent.
After making this report, you should notify your insurance agent that
you have been involved in an accident. You should be prepared to
provide the agent with information regarding where and when the
accident occurred as well as the identifying information of the other
parties involved. This initial report of the accident is very important
so you should make sure your information is as accurate as possible. If
you have not yet felt the need to see a doctor at the time of your
call, do not say you are not injured. Simply state you have not sought
medical attention. Some injuries may not surface till days after an
accident. Your claim for these injuries may be viewed with undue
suspicion if you have stated that you were not hurt in your initial
report.
After your initial oral report, your insurance company will send you a
report form to verify and elaborate on the information you have
previously given. You should fill this in as carefully as possible, but
should not guess at speeds and distances involved if you are not sure
of them. If you have suffered an injury in the accident, you are
entitled to up to $8,000 in medical payments and lost wages under no
fault or personal injury protection benefits. However, this figure may
be changed by any deductibles and additional coverage you may have
chosen. Generally, your own health insurance will be responsible for
medical expenses after the first two thousand dollars. You will not
receive compensation for lost wages if you are eligible for worker's
compensation or are covered by an additional insurance plan that will
pay your wages.
If you are injured, you should request a personal injury protection
claim form from your insurance company. If you have problems filling
out this form, an attorney may assist you at little or no charge. If
you do consult an attorney, however, make sure you discuss his charges
before having him assist you. By doing this, you may avoid confusion
later. When you file a claim, make sure you write down the date and
time, the names of anyone you spoke to, and your claim number. You
should also keep copies of any documents you submit to the police,
Registry, or insurance company for your records.
As part of the investigation of the accident, you will often be
contacted by an insurance adjustor or investigator from either your
company or the company insuring the other driver. If you are contacted
by an adjustor, make sure to note his name, the company for which he
works, and the date and time you spoke with him. If you are asked by an
adjustor if you mind being recorded, make sure you state on the record
that you want a copy of the transcript of the conversation. You should
also state you want the right to correct any problems in your statement
within a reasonable amount of time. You are not under any obligation to
speak to a representative of an insurance company insuring another
driver. Further, if you are being represented by an attorney, you
should not give a statement. Refer the adjustor or investigator
directly to you attorney. As part of their investigation, an insurance
company may request that you see their doctor. Before going to this
appointment you should consult with your own doctor concerning your
condition. You should also get from him a complete copy of your medical
history in case it is requested by the insurance company.
The doctor provided by the insurance company should be the same type as
the one currently treating you. Keep in mind that the insurance
company's doctor has been hired to protect the interests of the
insurance company. While you should cooperate with this doctor, it is
important that answer his questions carefully. It may be advisable to
attend this appointment with another person who can stay with you
throughout the entire exam. If you disagree with the adjustor's
estimate of property damage to your vehicle, you can contest it. Be
prepared to provide proof that your car had special features that made
it more valuable than the standard industry estimate or book value of
your vehicle.
If you feel you may have more than two thousand dollars worth of
medical bills, have a fracture, or have a disfiguring injury, you may
be able to sue the other driver for pain and suffering. You should
consult with a private attorney about the procedure for doing so.