When you get into a car accident in North or South Carolina, you might wonder how to file an insurance claim against another driver. Since both of these states operate under at-fault systems, you generally file an insurance claim with the at-fault driver’s insurance company instead of through your own insurance. Through a car accident claim, you can recover financial compensation for your injury-related losses. If you plan to pursue a claim after an accident, you need to understand how to deal with the at-fault driver’s insurance company and how the process works.
Can I File a Claim on Someone Else’s Insurance?
When you file a claim after a car accident, you must prove that the other driver’s negligence caused your injury. Usually, this amounts to showing the other driver ignored traffic rules or was acting carelessly.
Examples of negligent driving include:
- Texting and driving
- Speeding
- Ignoring stop signs
- Tailgating
- Driving while intoxicated
- Not yielding to right–of-way
- Driving aggressively
The initial stages of the claims process involve an investigation to determine who was at fault. Relevant evidence would include photos, video recordings, eyewitness statements, and forensic evidence (e.g., tire marks, vehicle damage, paint residue, etc.)
How to File a Third-Party Car Accident Insurance Claim
After getting into a car accident, your lawyer submits a demand letter to the at-fault driver’s insurance company. The insurance company opens a claim. The demand letter includes relevant information and evidence, such as police reports and medical documentation. Depending on the complexity of your case, the insurance company may send an insurance adjuster to speak with you.
Once they gather the facts, the insurance company may make a settlement offer. From here, your attorney assesses the offer and makes a counter-demand if it’s insufficient. This offer-counteroffer process continues until the sides reach an agreement.
If an agreement cannot be reached, then you have the option of filing a formal lawsuit and taking the case to trial. During a trial, both sides present evidence and arguments in support of their positions to a judge or jury, who then decide on a verdict. Many car accident claims are resolved through settlement, but a trial may be the best option in certain circumstances.
How Stewart Law Offices Can Help with Insurance Adjusters
Insurance companies are businesses trying to make money, so they avoid paying as much as they can. They might dispute your injuries or claim they are your fault — whatever they can do to get out of paying you. An experienced attorney knows how to deal with an at-fault driver’s insurance company and can push back when they try to shift or deny blame. They can negotiate a final settlement and also initiate a formal lawsuit if the insurance company continues to deny your claim or refuses to offer an appropriate settlement.
Read our guide on what to avoid saying to an insurance adjuster.
Contact Our North Carolina and South Carolina Car Accident Lawyers for Guidance
Filing a third-party car accident insurance claim is a time-sensitive matter, so it’s crucial you work quickly to increase your chances of success. The attorneys at Stewart Law Offices can pursue your claim effectively and fight for your right to financial compensation. Contact us online today for a free case consultation with a car accident attorney in North Carolina or South Carolina.
