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Should I File an Insurance Claim with My Insurance Company After a Car Accident?

If you have suffered an injury in a North Carolina car accident, you are likely concerned about paying for your medical bills. You may also be unable to work due to your injuries. Many car accident victims wonder if it would be easier to file an insurance claim with their own insurance company. Seeking compensation for bodily injuries through the other driver’s insurance is usually a better option.

At Arnold & Smith, PLLC our attorneys have a deep understanding of how insurance companies process claims. One of the founding attorneys of our firm, Matt Arnold began his career as an insurance defense attorney. He understands how insurance companies make determinations as to how to pay out claims. All of our personal injury attorneys have the experience required to negotiate with the insurance company successfully. If you have concerns about seeking compensation through the at-fault driver's insurance policy, we can help. Contact our skilled car accident attorneys today to schedule your free initial consultation.

Filing a Claim with the At-Fault Driver’s Insurance Company

Filing a claim with your own insurance company may seem like the best option. However, the at-fault driver's insurance company must pay as much compensation as possible. North Carolina law requires that all drivers carry car insurance that meets a minimum amount. Under North Carolina law, the at-fault driver has a legal responsibility to compensate the injured party personally and through his or her insurance policy.

What Happens When the At-Fault Driver Cannot Pay for Damages?

Though North Carolina law requires drivers to carry car insurance, some drivers are entirely uninsured. A recent study conducted by the Insurance Information Institute determined that approximately 6.5% of North Carolina drivers are uninsured. If an uninsured driver causes your car accident, you may be able to bring a personal injury lawsuit against him or her personally as an avenue for financial compensation.

Seeking compensation through the at-fault driver’s insurance is beneficial for several reasons. First, when you file a claim with the other driver’s insurance, you will not have to pay a deductible. Many insurance policies require their customers to pay a $500 or more deductible when filing a claim through them. Additionally, filing a claim with your own insurance company could cause your premium rates to increase which in the long run will likely be a net increase in your out of pocket expenses. Lastly, seeking compensation through the at-fault driver’s insurance company may be beneficial if the at-fault driver has higher insurance policy limits.

Unfortunately, many drivers who do not have car insurance also lack personal assets with which to pay damages. If the driver who caused your accident was uninsured, our attorneys can help you determine your best legal options. If the at-fault driver is solvent and owns enough assets to cover the damage, we can help you sue him or her in civil court to get you the financial compensation you deserve.

If the at-fault driver is insolvent, we can help you file a claim with your own insurance company. In some cases, our investigation will help us find other parties who are responsible for your accident. You may be able to file successful personal injury lawsuits with the driver's employer or another negligent party accountable for your injuries.

Deadlines for Filing Insurance Policy Claims

At Arnold & Smith PLLC, we help clients throughout North Carolina file the appropriate insurance claims. It is vital to act with haste when it comes to filing insurance claims. Every insurance policy contract includes deadlines for filing claims. An insurance policy agreement is a contract between the insured driver who pays the insurance premiums and the insurance company.

Most insurance companies require people to submit accident claims within a brief period. Your insurance company most likely requires you to notify them that you were in an accident within 30 to 45 days of the accident. Some insurance companies require written notification of the car accident within 48 hours or less.

Insurance companies also impose time limits for filing uninsured motorist insurance claims. If an uninsured motorist causes your injuries, it is essential to file a claim within the deadline. If not, your insurance company will deny your claim, and you may not have any other avenues to compensation. If you have concerns about ensuring that you file your claim on time, we can help. Our attorneys can review your options and make sure you submit an accurate and timely claim.

You Need a Charlotte Car Accident Attorney

Recovering from car accident injuries while fighting with insurance companies can be stressful. At Arnold & Smith, PLLC we have helped many clients receive favorable insurance payouts from the at-fault driver. Contact our law firm today to schedule your initial consultation.


Client Reviews
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Arnold & Smith was great. They are always on time for your case, they really know what they are talking about. They are very good about giving you updates on your case. I highly recommend everyone to use Arnold & Smith as your attorney they will make sure you get the best result possible for your case. By far the best attorney in the area. Austin
★★★★★
Resonable expectations were set and the results far exceeded them. I was well informed, prepared and supported by Matt and his team. They provided comfort and confidence, as well as a great outcome. I can't possibly describe how grateful I truly am for what they have done for me. Matt was recommended to be by another trusted individual and I believe that was a blessing. Anthony
★★★★★
I can't say enough great things about Matthew Arnold and his team. I had a very complicated, high-conflict case which took a lot of time and effort on everyone's part, and I feel like my case was given the time and attention it required. Matt Arnold is a great attorney, and I would go as far as saying one of the best in Charlotte, if not the best. Bree is also amazing. Amber
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