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Can I Cancel My Car Accident Claim?

Ask anyone what to do after a car accident, and they’ll likely tell you the same thing: File a claim with your insurance company.

However, once you’ve filed a claim, you may decide to cancel.

You can cancel your car accident claim as long as you opened it to begin with. If the other driver files a claim against you, then you cannot cancel that claim.

How to Cancel My Car Accident Claim


You may have to fill out forms or cancel your car accident claim in writing. Make sure you go through the proper channels to cancel it if you wish to do so. Call your insurance company to determine their cancellation process.

Should I Cancel My Claim?


If you can handle the short-term charges, then it may be a good idea to cancel your car accident claim. That way, you don’t have to pay more over the long term.

The deductible may cost more than your repairs, for example. Perhaps your premium will increase even though you only suffered minor damage to your car.

If you won’t complete the claims process, then it’s best not to start in the first place. However, if you’ve already filed, consider how canceling your claim might affect your ability to recover financially after your car accident.

How Will You Recover Without a Car Accident Claim?

Car accident claims exist to claim insurance coverage for your losses, otherwise known as damages. If you cancel your car accident claim, then you should have a clear avenue for compensation already figured out elsewhere.

For example, let’s say your deductible costs more than the repairs to your vehicle. You’re worried that your insurance company will increase your premium if you proceed with your claim. If you’re able to pay for your damages out of pocket anyway, then you should be safe to cancel your claim.

If you won’t complete the claims process, then it’s best not to start in the first place.

However, let’s say that the other driver promised to write you a check for your medical bills as long as you don’t get insurance involved. It seems like you have your compensation figured out — you should cancel your claim, right?

Not exactly. The other driver is promising you compensation for only some of your damages. If your injuries are worse than anticipated, or if you require treatment for a chronic condition, then the other driver’s one-time check won’t cover those expenses.

Will My Premium Go Up If I File a Car Accident Claim?


Whether or not your premium will go up depends on a few things.

First, it depends on your insurance company’s policy. Your insurance company may only increase premiums for drivers who are at fault for their accidents. They may have accident forgiveness even if you are at fault.

On the other hand, your insurance company may increase premiums even if you’re not at fault. Check with your insurance policy to determine their policy.

Second, it depends on with which insurance company you file a claim.

If you’re not at fault for your car accident, you can file with your insurance or with the other driver’s insurance company.

This is because Indiana is a fault state. That means that your ability to recover financially depends on the percentage of fault you’re responsible for.

If you’re fewer than 51 percent at fault, then you can choose which insurance company to file with. If you’re 51 percent at fault or greater, you can only file with your own insurance.

Filing with the at-fault driver’s insurance company typically protects you from premium increases. It may even allow you to recover any money you paid for your deductible.

If you’re not at fault for your car accident, you can file with your insurance or with the other driver’s insurance company.

However, filing with the at-fault insurance company also typically takes longer than filing with your own.

If you have questions about which insurance company to file with, speak with an Indiana car accident attorney.

How the Statute of Limitations Affects Your Claim


While you’re deciding whether or not to proceed with your claim, keep in mind the statute of limitations on it.

The statute of limitations is the time frame in which a person may file a lawsuit. Typically, the time frame starts the day of the accident or event. In some cases, it may start with the discovery of an injury.

If your statute of limitations is nearing its end, then you must make a decision. You can choose to either accept a settlement offer to end your claim or to file a lawsuit to continue to court. Otherwise, your claim will end, regardless of whether or not you wanted to cancel it.

An Indiana car accident lawyer can help you determine how the statute of limitations may affect your car accident claim.

Help from an Indiana Car Accident Lawyer

If you’ve been injured in a car accident, then you may decide to file an insurance claim to recover your losses. Deciding which insurance company to file with can be tricky. If you need help with your car accident claim, or if you need to cancel a claim to start another, Hensley Legal Group may be able to help. Call us today or contact us online for a free conversation about your claim.