Car Insurance Claims After an Accident: A Guide for Military Families
Military families face additional challenges in dealing with car accident insurance claims, unfortunately. From the hassle of obtaining proper documentation while being stationed in different locations to understanding the impact on their military benefits, active duty military families often need legal support to protect their rights. If you are a military family dealing with a car insurance claim after an accident, the Orange County military injury attorney at the Law Office of William Bruzzo can help.
Calling the Military Health System Nurse Advice Line
If you have been involved in a car accident while in the military, prioritize your health and get the immediate medical care you need. Before you even begin the process of filing a car insurance claim, as an Orange County military injury lawyer, we recommend calling the Military Health System Nurse Advice Line first. This helpline is available 24/7 and can provide reliable guidance on seeking medical attention and understanding the extent of your injuries. By consulting with a military healthcare professional, you can ensure that your injuries are properly documented, which is helpful when filing your car insurance claim.
Protection Under the Servicemembers Civil Relief Act
As a military family, you are protected by the Servicemembers Civil Relief Act (SCRA). This federal law provides special legal protections for active-duty service members and their families. When it comes to car insurance claims after a collision, the SCRA can offer you important safeguards. For example, if you are deployed or on active duty, your car insurance company cannot cancel your policy or increase your premium without first obtaining a court order. Additionally, under the SCRA, you can often delay legal proceedings related to your car insurance claim if your military service prevents you from appearing in court.
Feres Doctrine
Military families should also be aware of the Feres Doctrine when pursuing a car insurance claim after an accident. The Feres Doctrine is a law that prevents service members from suing the government for injuries suffered because of your service. This means that if you were injured in a car accident while on duty, you may not be able to file a personal injury lawsuit against the government. The Feres Doctrine does not prevent you from filing a car insurance claim with your personal insurer though.
Federal Tort Claims Act
ON the other hand, under the Federal Tort Claims Act (FTCA), military families do have the right to sue the federal government for injuries caused by the negligence of other government employees. While military members themselves are generally prohibited from suing the government under the Feres Doctrine, their family members are generally still eligible to pursue a personal injury case. In the context of car insurance claims after an accident, the FTCA provides an opportunity for the families of military members to get compensation for their injuries. As you can see, there are a lot of overlapping laws here, not to mention military bureaucracy, so you really have nothing to lose by reaching out to an Orange County military injury lawyer for more information.
Service Members Civil Relief Act
In addition to the SCRA, Feres Doctrine, and FTCA, military families have additional legal protections under the Service Members Civil Relief Act (SMCRA). The SMCRA gives legal protection to military members and their families in a variety of different things, including car insurance claims. If you are struggling with financial hardship due to a car accident and are unable to pay your insurance premiums, the SMCRA provides you with an option to temporarily suspend your coverage or adjust your payment schedule. All military members should familiarize themselves with the benefits afforded them under the SMCRA.
Steps to Take for Your Car Insurance Claim
When pursuing a car insurance claim after an accident as a military family, these are the steps we recommend you take as an Orange County military injury lawyer:
- Notify your insurance company: Contact your insurance company as soon as possible to report the accident and initiate the claims process. Be sure to inform them that you are a member of the military.
- Notify your commanding officer: Report the crash to your CO right away and take care of any reports or documentation they need.
- Request a copy of the police report: If law enforcement responded to the accident, which we recommend, get a copy of the police report. It can help support your claim.
- Keep all relevant documents: Be sure to maintain good records and save all your important documents related to the accident, like medical bills, repair estimates, and correspondence with your insurance company.
- Cooperate with the insurance adjuster: Work with your insurance company’s claims adjuster to provide any necessary information and documentation, but do not, under any circumstances, give a recorded statement without consulting a lawyer. These insurance claims adjusters have only one goal and that is to pay you the least amount of money possible, if any. Don’t fall for their tricks and do not accept any settlement offers without talking to your attorney first.
- Consult a military injury lawyer: You have nothing to lose by reaching out for a free consultation with an Orange County military injury lawyer like the Law Office of William Bruzzo. A wide variety of research shows that accident victims who hire lawyers get substantially bigger settlements, and that their lawyers essentially pay for themselves. There are zero upfront costs to you, which is another reason why you have nothing to lose.
How a Lawyer Can Help with a Car Insurance Claim
Hiring an Orange County military injury lawyer can provide numerous benefits and ensure that you receive the compensation you are legally entitled to. Here’s a breakdown of how a lawyer can assist you:
- Legal advice
- Investigation and evidence collection
- Negotiation with insurance companies
- Representation in court
- Knowledge of military-specific laws and regulations
Your Trusted Orange County Military Injury Lawyer
The Law Office of William Bruzzo can help Camp Pendleton military families with car accident claims, carefully navigating through military regulations and government red tape. Our hardworking legal team understands the needs of local military families and works tirelessly to ensure you get justice. To speak to an Orange County military injury lawyer, contact our office now.
