If you ever get into an accident, you need to notify three groups of people. First, you have to tell your family that you’re okay. Next, you should call the police to generate an accident report. Lastly, you have to report a car accident to your insurance company. How long you wait to make those reports depends on several factors.
The Accident Report
After an accident, you are not under any obligation to file a claim with your automobile insurance company, but you are probably required to report the incident to your carrier. That report should not impact the cost of your premiums unless you are found at fault for the accident and a claim is made against you. In the fine print of your insurance policy, you might find that you have 30 days to report the accident. However, there are some policies that require you to report the accident within 24 hours of its occurrence.
Reporting the accident can help with the prospective claims process. An insurance company is less likely to deny a claim when there is an official record of the accident. For instance, if you get into a fender-bender in June but don’t report it until September, the insurance company might suspect your intentions. On the other hand, you could report the accident to your carrier in June and file your claim later.
Delaying Making Your Auto Accident Claim
After you report the accident to your insurance company, you have the option to file a claim for reimbursement for any damages or medical expenses. As mentioned, if the damage is minor, you might not want to file a claim, especially if you have a high deductible. You might end up paying for the damage anyway if you do.
A good reason for delaying a claim could be the scope of your potential damages as it relates to injuries. There could be a delayed reaction to an injury. There might also be complications with your recovery or prescribed ongoing physical therapy treatments. It is important to know all your costs associated with the accident so that you can get fair compensation.
Reporting Your Crash to the Police
Your insurance company might also require you to contact the police to generate a separate report. You would only need to do that if you didn’t call the police from the crash scene. That report will serve as an official record of the accident. However, if you are reporting what happened after the accident, it might not be as reliable as when a police officer creates the report at the scene. Typically, police notification has to be made within 24 hours of the wreck.
The laws in West Virginia are clear about reporting an accident to the police. That falls under the immediate notification of crashes rule that reads as follows:
“The driver of a vehicle involved in a crash resulting in injury to or death of any person or total property damage to an apparent extent of $1,000 or more shall immediately, by the quickest means of communication, give notice of such crash to the local police department if such crash occurs within a municipality, otherwise to the office of the county sheriff or the nearest office of the West Virginia State Police.”
If you don’t file a report with the police, it is considered a misdemeanor offense that could lead to a fine of $100, 10 days in jail, and/or possible suspension of your driver’s license. Of course, if the police respond to the scene of the crash, then a report will be generated automatically.
The Insurance Claim
With regard to your insurance claim, in West Virginia, the statute of limitations is two years to file a personal injury lawsuit. That lawsuit usually follows once you’ve gone through the claims process, but it means you shouldn’t waste time filing. The further out from the date of the accident, the more you could have issues with witnesses forgetting details.
As soon as you file an official insurance claim, there are regulations in West Virginia that compel an insurance company into action. The insurance company has 15 days to verify they have received the claim and to generate the necessary documents to process the claim. That includes the proof-of-loss forms.
After the proper documentation has been submitted, the insurance carrier has ten business days to approve or deny the claim. If the claim is approved, they have 15 business days to pay the agreed-upon amount. Of course, if you don’t agree with the amount, you should not sign off on the settlement and not accept payment. That is when you want to talk to an experienced attorney. They will be in the best position to discuss the options for negotiating with insurance carriers.
Utilizing a Crash Report in a Personal Injury Claim
The reports you file after an accident will be utilized in any future insurance claim or personal injury lawsuit. At DiPiero Simmons McGinley & Bastress, PLLC, our attorneys have years of experience analyzing those reports. More importantly, we know how to decipher the information to support our clients’ cases. If you’ve been involved in a serious car accident in Charleston, WV, we can help file your claim or lawsuit. Call to schedule a consultation to talk about what happened and your rights.
