Depending on an insurance contract, the extent of liability stated in the contract will determine how much repair, or money, an Insurance Company will pay to the owner of an insured car, or an injured person, after an accident.
The circumstances under which an Insurance Company of an insured car may refuse to repair damages, or pay monetary compensation to either the owner or a third-party, include:
1. where the insured car, at the time of the accident, was being driven by an unlicensed driver;
2. where the insured car, at the time of the accident, was being driven by a driver whose license had expired; and
3. where the driver of the insured car was not the cause of the accident, or played no role in the cause of the accident.
What then happens when an Insurance Company, for lawful reasons, refuses to pay injured innocent pedestrians or passengers of an accident? In such a situation, a claim can be made to the National Insurance Commission for compensation to be paid to such injured persons from an insurance common fund, established by law and funded by road tolls, etc.
To file an insurance claim, you need to do the following:
1. Report the accident to the nearest police station;
2. Obtain a copy of the Police Report on the accident, after the police has visited the accident scene. The Police Report contains where and when the accident occurred; the cause of the accident and whose fault it was; the insurance companies of all cars involved in the accident; the details of all the drivers involved in the accident and their licenses; etc.
3. If you suffered personal injuries, obtain a medical report; if your car got damaged, obtain a valuation report from a certified car mechanic covering the extent of damages;
4. Based on the information given in the Police Report, write a claim letter to the identified insurance company, with details of any personal injuries or any damages to your car;
5. Attach to your claim letter, the medical report, your hospital bills and medical expenses, the valuation report of the damages, the police report, two copies of your passport size photo, and any other necessary documents necessary to convince the insurance company about the severity of your situation.
You should hear from the insurance company within a month or three. To avoid any delays, consult your lawyer to process all your insurance claims on your behalf.
Note: where you decide to act by a lawyer in an insurance claim, it is the insurance company that pays your lawyer, not you, and any payment made to your lawyer does not affect the amount of monies or repairs you may be entitled to.