How do I file a claim after being in an accident?

Question

My husband was a cyclist and was hit by a car. How do I start a claim against the person who hit him?

Eric Rothstein · Answer

Retain a personal injury lawyer asap as there are short filing deadlines to meet for no-fault benefits.

Irving Blank · Answer

He has to file the claim.

Reza Torkzadeh · Answer

I suggest that prior to making a claim for your husband, that you speak with an attorney who can spend time describing the pitfalls and advantages of having legal representation. Having handled many bicycle accident cases, there are many nuances that you must watch out for when dealing with the insurance company.  Remember, their job is to settle the case as quickly as possible for as little as possible.

Donald Broad · Answer

Assuming that this incident occurred within your State's applicable statute of limitations (2 years from the date of the accident in Indiana), then you can begin a claim simply by contacting the driver, his insurance company (which should be listed on the police report if one was prepared), and/or filing a lawsuit. I would suggest that you contact a local personal injury attorney to be certain of your husband's rights.

Eric Chandler · Answer

First, contact their insurance company.  You should also contact your own insurance carrier.  If your husband was significantly injured call and injury lawyer in your city.

David Craig · Answer

If your husband was injured you should contact an injury attorney and schedule a free consultation.  The attorney will likely be able to pull up and provide you with  copy of the police report.  On the police report it should list the person's, who hit your husband, insurance information.  A claim can be set up with that company.  However it is far better to consult with someone who can help protect you and your husband and make sure that you are treated fairly.

Ronald Lowry · Answer

You start by getting expert help from an attorney experienced in such cases. Do not try to do it yourself. The attorney will handle the case on a percentage fee and will charge nothing unless he wins the case or gets a settlement acceptable to you. You didn't try to set the broken bones yourself did you? The same reasoning applies. There is a reason why lawyers exist and why one has to go to school for 7 years to become one. If you try to do it yourself you WILL mess things upthat's a fact. If you have already been talking to the insurer yourself stop doing so immediately. Hopefully you haven't done serious damage to the case already.

Paul Whitfield · Answer

In NC you have to prove negligence of the other party and freedom from negligence of your husband. Any good personal injury lawyer will help you if there is serious injury.

Robert Lucky · Answer

First thing you need to do is obtain a copy of the police report. Once you have the police report, the other party's insurance information should be listed on the report. You would then call and start a claim with that person's insurance company. Please be advised that cycling cases are some of the hardest cases for individuals to attempt to handle on their own. It is best to contact an attorney who is familiar with the cycling laws and who knows how to appropriately address all aspects of liability. We at The Lucky Law Firm have helped many cyclists with claims where they have been run over and/or hit by vehicles. Please feel free to contact my office as soon as possible to discuss. You don't want your unfamiliarity with the laws and procedures to be detrimental to your husband's case.

David Stoddard · Answer

You need to write a letter to the Claims Department for the driver's insurance company.  If the police investigated the accident, they should have given your husband, or someone acting on his behalf, a green piece of paper called an FR-10, which lists the named and addresses of the individuals involved in the accident.  The FR-10 also contains insurance information.   If there is no FR-10, but you have the driver's address, then you might write the driver a letter requesting his/her insurance info.  If you do not know anything about the other driver, such as in the case if a hit and run, then you might consider going ahead an filing suit.

Richard Copeland · Answer

If there was a police report, the name of the insurance company should be listed on it. Report the accident to them immediately. You can settle the claim by yourself, but if the injuries are significant, I would recommend hiring a lawyer to represent you.

Orman Kimbrough · Answer

You or your husband should contact a personal injury attorney in your area as soon as possible. After providing information, the attorney can give you specific advice on how to proceed. I recommend that you do not talk to the representatives of the person who struck your husband until you have spoken to an attorney first.

Richard Lowell · Answer

As a cyclist - your husband is normally entitled to have his reasonable and necessary medical bills paid by the car's insurance company under the car's PIP coverage (assuming they had PIP coverage).  He can then, also, make a claim against the car's insurance company.  Normally, it makes sense to have a qualified personal injury attorney handle these matters.  A personal injury attorney has the experience in dealing with these insurance companies and can make sure that you are not being taken advantage of.  Additionally, most personal injury attorneys work on a contingence fee basis - meaning that there is no attorney fee charged unless and until a recovery is made. And then, the attorney is paid merely a % of that recovery.  If your husband suffered an injury, you should contact a personal injury attorney.  Most if not all personal injury attorneys will be happy to speak with you free of charge.

Bernard Huff · Answer

Your husband, the injured party, and you should first consult with a plaintiff's personal injury or accident lawyer for specific legal advice and direction. That lawyer should advice you on how to contact and initially proceed with a claim with the automobile driver's insurance company for relief and later file a lawsuit if you are not satisfied.

Bradley Cornett · Answer

If you have the information, contact the driver's insurance carrier.  If you do not have the insurance information, you and your husband may need to speak with an attorney for assistance.  Most law firms, including this one, are happy to provide a free consultation.

Howard Mishkind · Answer

If your husband was injured due to the incident, it is important that he talk to an attorney to understand the process of filing a claim. It is usually advisable that you talk to an attorney knowledgeable in the area so that you know your rights before you discuss the case with the insurance company. If you talk to a reputable attorney that handles personal injury cases he or she will advise you as to the steps that should be taken and the steps that should not be taken so as to protect your interest. The process in terms of trying to deal with the responsible party and his or her insurance company can be intimidating and is frequently best handled by an attorney. The first step that would be taken by your attorney is to send a notification to the party responsible to determine if he had insurance and to notify his or her insurance company. Again, you can usually get some initial advise from an attorney in this area over the phone so that you take the necessary steps and know what to anticipate.

Bruce Elliott Goodman · Answer

It is not clear if by cyclist you mean that your husband was on a motorcycle or a bicycle at the time of the accident. Under Maryland law a bicyclist is considered a pedestrian and the claim would be that of a pedestrian. A motorcycle claim is identical to a claim involving an automobile. An attorney can be very helpful in either situation. You and your husband should contact an attorney immediately.

Sam Louis Levine · Answer

First, I hope that your husband is ok & not seriously hurt.  You need to contact the other person's insurance company (of the person that hit you) & request that they open up a claim.  Once you do that, things should move progressively until settlement.

Ryan Hilts · Answer

Call the other driver's insurance company.  You are not required to give a recorded statement or sign a medical authorization from that company.

Paul Samakow · Answer

You contact the motorist's insurance company. Having now answered you, I would advise that you hire an attorney.  I 100% guarantee your husband will benefit financially, more, even after the attorney's fee is taken out, using an attorney, than he can possibly get himself.  The reason is that an attorney can threaten a lawsuit and actually go to court to press the insurer; your husband cannot, and therefore they have no incentive to deal fairly with him.

New User · Answer

If your husband was injured you should retain a competent personal injury attorney who can advise you on how to proceed. To try to handle this yourself is not wise, unless it is under 5000 in damages in which case you can use small claims court.

Steven A. Schwartz · Answer

There are certain requirements needed for your husband to be able to make a claim.  You can't just "start a claim." There are fault issues that must be dealt with as well as a medical threshold requirement. My best suggestion is to contact an experienced personal injury attorney in your area as soon as possible for a free consultation.

Andrew Velonis · Answer

The question is unclear. If your husband is so badly incapacitated that he cannot fill out a no-fault benefits application, you can do it for him. If he had already executed a power of attorney for you, then it is no problem. If he had not, then you should explain that to the claims representative and see if they will accept your signature. Otherwise, you will have to get a court order appointing you as Guardian ad Litem, or if his incapacity is permanent you may have to be appointed as his permanent Guardian. If you are referring to making a liability claim, a spouse is entitled to a "derrivative cause of action" that is, the extent to which your husband's injuries have affected your life e.g., loss of society and companionship, loss of economic value of household services, and loss of consortium. Of course, that all assumes that the accident was the car driver's fault, and that your husband sustained a "serious injury" as that term is defined by law.

Thomas Bulman · Answer

Get a copy of the police report. The driver's insurance company is usually listed. Call them and ask for a claim number.  If they refuse to help you, you may need an attorney. If your husband's injuries are minor, you can probably handle the claim yourselves.

Steven D. Dunnings · Answer

What type of claim are you talking about? If you mean a claim for medical bills, loss wages and replacement services, you file that with your automobile insurance, it's called Personal Protection Benefits. If you are talking about suing the driver for pain and suffering, you really need to confer with an attorney. That issue is more complicated.

Michael Mckell · Answer

You simply need to contact the other persons insurance company and start a claim.  It is very easy and often the insurance company will contact you.

James Kelaher · Answer

Send a letter to the man at the address on the accident report, and request that he have his insurance company contact you. If his insurance company is listed on the accident report, send them a letter as well, informing them that you intend to bring a claim against their insured. If you, your husband or a resident relative of your household owns a car, then you need to inform the insurance company for that vehicle right away, as your husband's medical bills should be covered under the PIP insurance on that vehicle.

Stephen Lombardi · Answer

You contact the owner of the car and ask for his auto insurance contact information. Then you contact the adjuster. If they don't respond then you hire a lawyer and he/she gets their attention.

Spencer Farris · Answer

This is not ground for the timid! If you call the insurance company for the driver, they will immediately ask you for signed authorizations to get your husband's medical records since time began. They will demand a statement. After about 6 months or so, they will make a low ball offer and tell you that is all you will ever get. All the while, the statute of limitations is ticking away and if it runs out without a lawsuit being filed, the claim dies.  If this is a serious injury case, you need to call an attorney who handles injury cases. Not all lawyers can handle injury cases, which should tell you that most lay people are not prepared to take on a professional insurance adjuster. Studies show that injury victims with attorneys get 4-5 times more money than those without.

Brian Bourke · Answer

If you were given the name of the other party and his insurance company you can contact them.  However, you may need to wait for the police report to obtain that information.  You would be better served to contact an attorney in your area to discuss the claim and to represent your husband.  The other driver's insurance company does not have your best interest at heart.  You are always better off having an attorney present the claim and obtain a fair settlement.

Michael Heilmann · Answer

First you need to file a PIP application with your own insurance company. MI is a no-fault state and you get medical benefits from your own insurance company, even if it was the other driver's fault. Then write a letter to defendant driver (address on police report) and advise their insurance company to contact you. Finally contact a lawyer who has extensive experience in this field.

Michael J. Leizerman · Answer

You should contact your insurance company and report it. If you choose not to hire a lawyer, you should also contact the car's insurance company to establish a claim. This should be listed on the Ohio crash report.  I hope that your husband was not too badly hurt.

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