Should I file my claim with my insurance company or with the at-fault company.

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Apr 12, 2012

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Insurance Question from Burlington, NC

Asked on 04/12/2012

Should I file my claim with my insurance company or with the at-fault company. I have neck and back injuries requiring physical therapy, and could have future problems from the accident.

Answer given on April 13, 2012

In an auto accident involving bodily injury there are two ways you can approach the claim. The other insurance company will investigate and if the driver is determined to be at fault, they will work with you on the injuries and damages you incur. However, most insurance companies will not make a payment until the bodily injury bills are all submitted. They will not make partial payments, so the longer it takes you to recover, the longer it will take to settle the claim.If you have medical payments coverage under your auto insurance, you can file a claim under your policy. Your insurance company will make payments until the coverage runs out. This can help you if you continue to seek treatment and need assistance in paying your medical bills. When the claim settles and the other insurance company pays you for your injuries, you will be expected to reimburse your insurance company for the amount they paid.

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