When a car insurance claim goes to court, the parties involved will most likely have an attorney. The attorney will gather information, consult with witnesses and draft a legal document called a pleading. The plaintiff (the person who is claiming the insurance company is responsible for damages) and the defendant (the company being sued) will each present their case in court. The plaintiff must prove that the defendant was at fault for the accident, while the defendant must prove that they are not responsible.
This process depends on what kind of claim you have. A dispute over money or property, for example, may be taken to court. But if your claim is related to injury, medical expenses, damage to your vehicle, or any other non-monetary issue, you’ll probably be able to handle the case by working out an agreement with the other party.
Here’s how the process of car insurance claims going to court works:
A: Make sure that your claim is valid.
B: File your claim.
C: Have your claim heard by the judge.
D: Find a lawyer who can defend you in court.
- If the insurer doesn’t settle, the insurance company will have to prove that the claim was not valid or that the insured is at fault. If it fails to do this, the insurer will be responsible for the full cost of the claim. This is known as an “uninsured/underinsured” (or UIM) claim.
- If the claim is settled, then the insurer will only be responsible for the agreed amount and the remaining costs will be the responsibility of the insured.
- If the insurer accepts the claim and later refuses to pay, the insured has the right to file a lawsuit in small claims court.
What is a car insurance claim?
A car insurance claim is an official letter or document sent to your insurance company by a third party stating the damages caused to your car.
It is a legal requirement for all motorists to carry car insurance. However, this is not always enough, especially when you are involved in an accident.
There are various types of car insurance claims. Some are for minor damages, while others are for major damages. The following are the different types of car insurance claims:
Minor damages
You might suffer minor damages when you are involved in an accident. If this is the case, then you will not require a formal car insurance claim. Instead, you should take a note of the damages and the time of the occurrence.
Major damages
In case you suffer major damages to your car, then you will need to file a formal car insurance claim. You will need to complete a form and fill in the details of the accident. You will also need to submit a photo or a picture of the damage you have sustained.
How do you go about filing a car insurance claim?
If your car was in an accident, the first thing you should do is call your insurance company to let them know. They should send you a form, called an SR-22, within three days of your call. Fill out this form, sign it and fax it to the DMV or the Department of Motor Vehicles. You’ll receive another form, a Proof of Insured Status.
Now, you must present this proof of insured status to the DMV or the Department of Motor Vehicles before you can get a driver’s license. But, the DMV or the Department of Motor Vehicles will not give you your license without this form.
After you present the Proof of Insured Status, the DMV or the Department of Motor Vehicles will then mail you a notice that you are now insured.
