Could someone involved in an auto-accident pls chime in?
06-11-2003, 10:28 AM
#1
Could someone involved in an auto-accident pls chime in?
I just spoke to a lawyer and he requested that i start a claim with my insurance company to get an adjuster to look at my car and take care of whatever is needed to get it back in shape/etc.
His thing was, that it would then be my insurance company that will ask for reimbursement for expenses from the offending party's insurance company.
I thought this was rather odd, but then again i'm no expert. So to people who've been in similar cases as mine - is this normal and/or widely accepted practice?
My concern is if i file a claim, my premiums might go up and etc. - Even though my insurance company may get reimbursed for their expenses.
His thing was, that it would then be my insurance company that will ask for reimbursement for expenses from the offending party's insurance company.
I thought this was rather odd, but then again i'm no expert. So to people who've been in similar cases as mine - is this normal and/or widely accepted practice?
My concern is if i file a claim, my premiums might go up and etc. - Even though my insurance company may get reimbursed for their expenses.
06-11-2003, 10:32 AM
#2
Why are you even involving your insurance company? It was the other's guy's fault right? You review the links I gave you?
Handle everything though THEIR insurance company. If you start having problems, then talk to your insurance company.
Handle everything though THEIR insurance company. If you start having problems, then talk to your insurance company.
06-11-2003, 10:32 AM
#3
Member who somehow became The President of The SE-L Club
iTrader: (19)
Join Date: Jun 2001
Posts: 16,033
Re: Could someone involved in an auto-accident pls chime in?
Originally posted by soundmike
His thing was, that it would then be my insurance company that will ask for reimbursement for expenses from the offending party's insurance company.
His thing was, that it would then be my insurance company that will ask for reimbursement for expenses from the offending party's insurance company.
Your rates will not go up if it's not your fault.
06-11-2003, 10:34 AM
#4
Senior Member
Join Date: Dec 2000
Posts: 1,183
Have you tried to contact the other guys ins. company yet? The main difference is that your insurance company will have an adjuster work your case for you instead of you doing all the footwork. If the other guys insurance doesn't cover all of your damages, yours will pick up the rest. However, if your insurance see any part of you claim as your fault your rate will go up. 
06-11-2003, 10:39 AM
#5
Jeff, i went through those links you suggested in the other thread. Thanks 
The reason i'm going through my own insurance is a) Because the lawyer says so and b) I still don't have the police report which hopefully includes the insurance info from the other guy.
Right now i'm without a car (2 shops already told me it's not safe to drive the Max) and have medical bills piling up.
The lawyer already handled the bills by consolidating it into one bill that hopefully the other party will pay for (granted they did have insurance at the time of the accident). However, for fixing up the car and/or paying for rental i'd need to pay for that somehow and right now the lawyers suggestion seems to be making a little sense - if any.
Should i follow his advice or is there something fishy to this whole story?
The reason i'm going through my own insurance is a) Because the lawyer says so and b) I still don't have the police report which hopefully includes the insurance info from the other guy.
Right now i'm without a car (2 shops already told me it's not safe to drive the Max) and have medical bills piling up.
The lawyer already handled the bills by consolidating it into one bill that hopefully the other party will pay for (granted they did have insurance at the time of the accident). However, for fixing up the car and/or paying for rental i'd need to pay for that somehow and right now the lawyers suggestion seems to be making a little sense - if any.
Should i follow his advice or is there something fishy to this whole story?
06-11-2003, 10:44 AM
#6
Re: Could someone involved in an auto-accident pls chime in?
Originally posted by soundmike
I just spoke to a lawyer and he requested that i start a claim with my insurance company to get an adjuster to look at my car and take care of whatever is needed to get it back in shape/etc.
His thing was, that it would then be my insurance company that will ask for reimbursement for expenses from the offending party's insurance company.
I thought this was rather odd, but then again i'm no expert. So to people who've been in similar cases as mine - is this normal and/or widely accepted practice?
My concern is if i file a claim, my premiums might go up and etc. - Even though my insurance company may get reimbursed for their expenses.
I just spoke to a lawyer and he requested that i start a claim with my insurance company to get an adjuster to look at my car and take care of whatever is needed to get it back in shape/etc.
His thing was, that it would then be my insurance company that will ask for reimbursement for expenses from the offending party's insurance company.
I thought this was rather odd, but then again i'm no expert. So to people who've been in similar cases as mine - is this normal and/or widely accepted practice?
My concern is if i file a claim, my premiums might go up and etc. - Even though my insurance company may get reimbursed for their expenses.
At least in MA, they cannot raise your premiums unless you are found at fault for the accident and surcharged by the registry.
06-11-2003, 10:44 AM
#7
Were you hurt Mike? Did that prevent you from getting the other's guys insurance information? The officer should have filled out a report on the spot and given you a copy before you left. If that didn't happen, you should have got his info on your own. Contact the police department and find out where that information is.
06-11-2003, 10:51 AM
#8
Re: Could someone involved in an auto-accident pls chime in?
Originally posted by soundmike
I just spoke to a lawyer and he requested that i start a claim with my insurance company to get an adjuster to look at my car and take care of whatever is needed to get it back in shape/etc.
His thing was, that it would then be my insurance company that will ask for reimbursement for expenses from the offending party's insurance company.
I thought this was rather odd, but then again i'm no expert. So to people who've been in similar cases as mine - is this normal and/or widely accepted practice?
My concern is if i file a claim, my premiums might go up and etc. - Even though my insurance company may get reimbursed for their expenses.
I just spoke to a lawyer and he requested that i start a claim with my insurance company to get an adjuster to look at my car and take care of whatever is needed to get it back in shape/etc.
His thing was, that it would then be my insurance company that will ask for reimbursement for expenses from the offending party's insurance company.
I thought this was rather odd, but then again i'm no expert. So to people who've been in similar cases as mine - is this normal and/or widely accepted practice?
My concern is if i file a claim, my premiums might go up and etc. - Even though my insurance company may get reimbursed for their expenses.
Having worked as a claims adjuster, this is a normal procedure but, dependent on the other party, it can be quite lenghty.
When the cat hit mine, I just had it towed to the shop and let them start the work while I did my investigation. When I caught the joker, the work switched over to his insurance and did not affect my premiums at all. In fact, they went down slightly.
06-11-2003, 10:52 AM
#9
It's chrome alright...
Join Date: Dec 2001
Posts: 4,009
you can contact the police dept and get a copy of the report (usually like $10 to do this) and it will have (hopefully) all the insurance and contact info you need on the other guy.
no, there is nothing fishy about what your lawyer is proposing. I went the other route and did all the stuff on my own, but it was only a bumper so I had no immediate need for money. Since you have medical bills piling up I'd go the way the lawyer recommended as it may take some time (6-8 weeks) before you see any money out of the other guy's insurance.
short story... everything is ok, have your insurance company cover what you need and have them go after the other guy's insurance.
hope everyone is ok.
no, there is nothing fishy about what your lawyer is proposing. I went the other route and did all the stuff on my own, but it was only a bumper so I had no immediate need for money. Since you have medical bills piling up I'd go the way the lawyer recommended as it may take some time (6-8 weeks) before you see any money out of the other guy's insurance.
short story... everything is ok, have your insurance company cover what you need and have them go after the other guy's insurance.
hope everyone is ok.
06-11-2003, 10:56 AM
#10
Re: Could someone involved in an auto-accident pls chime in?
Thanks for the responses so far guys. It's nice to know that this may be standard-fare after all. And it's nice to know i can always get some much needed advice from y'all
Jeff, both me and my fiance were hurt (and continue to do so). I didn't get a chance to get any info since i was immobilized and put on a stretcher.
We did get a piece of paper (Citizen Exchange Form something) from the officer - but it only contains the Accident Report # and the officer's name. I already called the office 4 times to no avail (giving me the run-around to "It will take about 10 days").
Since i need to go to therapy for the next couple of days, i'd need a more safe vehicle right now.
Thanks again for chiming in!
Jeff, both me and my fiance were hurt (and continue to do so). I didn't get a chance to get any info since i was immobilized and put on a stretcher.
We did get a piece of paper (Citizen Exchange Form something) from the officer - but it only contains the Accident Report # and the officer's name. I already called the office 4 times to no avail (giving me the run-around to "It will take about 10 days").
Since i need to go to therapy for the next couple of days, i'd need a more safe vehicle right now.
Thanks again for chiming in!
06-11-2003, 11:03 AM
#11
Okay. I think what's happening is your lawyer wants you to go though your insurance company so your medical can be taken care of ASAP. And if you insurance company takes the intial action on the car also, it also can be repaired faster. That's probably the reason. Prinz explained it best. Once the other insurance company is contacted, they will take over. Should not affect your policy at all.
06-11-2003, 11:05 AM
#12
I got into an accident December '02. Ended up having $9,000 in damage and this is what I did.
The accident was the other guys fault. His insurance company (which I won't name) would not fix my car with Nissan parts. They said it was their policy to repair parts using non-OEM parts (that's why their premiums are low).
So, since I have a new car, I talked with my insurance agent and he suggested that I file the claim with him and they will "chase" after the other guys insurance company to get refunded for the entire amount. I was also concerened about premiums going up, and he said that it wouldn't effect me whatsoever.
I hope this helps in giving you the confidence to use your own insurance company. BUT, the best way to be sure is to just ask your insurance company.
The accident was the other guys fault. His insurance company (which I won't name) would not fix my car with Nissan parts. They said it was their policy to repair parts using non-OEM parts (that's why their premiums are low).
So, since I have a new car, I talked with my insurance agent and he suggested that I file the claim with him and they will "chase" after the other guys insurance company to get refunded for the entire amount. I was also concerened about premiums going up, and he said that it wouldn't effect me whatsoever.
I hope this helps in giving you the confidence to use your own insurance company. BUT, the best way to be sure is to just ask your insurance company.
06-11-2003, 11:28 AM
#14
Senior Member
Join Date: Dec 2002
Posts: 458
I had a truck driver slam into my other car back in January.
I went through my own insurance because she lied about what happened and her insurance denied my claim.
My insurance, State Farm, paid for everything minus my $250 deductable. I had 5k worth of damage, no physical harm.
If there were no witnesses, you are going to have trouble if the other party decides to lie. This is especially true if it was a minor fender bender. When it's your word against theirs, you may have no choice but to go through your own insurance, unless you want to pay out of pocket.
For my accident, I was actually standing still, stuck in traffic when the tractor trailer came into my lane and basically ran me over. Even with a police report, I chance loosing this because it's her word against mine since no one stopped to witness (despite there being plenty of people around
)
Every insurance company is different in terms of surcharging you for a chargeable accident.
With state farm, I get an accident-free discount which is 20%. I loose that discount for 3 years if I get into a chargeable accident. I could be charged with this accident still, it's being brought to court by state farm. I did my own homework though. I collected as much evidence on my own and gave it to them. FOr example, my accident happened right out of a toll booth where I used my EZ-pass. I was able to present proof of my lane position. The trucker said I merged into her lane. Given the traffic pattern, I would have gone into incoming traffic and/or a concrete barrier had I merged left. Thankfully she had enough rope to hang herself with and she did. Had I a weaker case, state farm would have gone to inter-company arbitration with it where I would have at best gotten 50/50 fault. The ex-pass info was competely my own doing. The state farm claim rep never thought of it.
Pictures can help somewhat. The damage might reveal circumstances but that usually requires an expert witness to verify and that may not be cost justifiable to bring in that sort of testimony, again, depends on the extent of the damage $$$$.
A very good friend of mine is in the biz. He told me that I risked being ruled at fault, so he told me to document and provide as much evidence as possible. This way if they do decide to charge me with it, I can go to my state farm agent with that file and dispute it; make the valid claim that they blew a strong case, and hope they would not surcharge me. I've fought them before on a similar issue and won.
You can decide to pursue the other insurance company. That's perfectly valid, but totally relies on the honesty of the other party if there were no witnesses.
I tried to go that route with my accident. Since their insured gave a totally different version of events, they sent me a letter saying they would not pay any claims. They will always side with their insured, even if you present evidence to the contrary (again, this is in the absence of witnesses). It doesn't hurt them to deny your claim based on their insureds dishonesty. They do not place themselves at harm by doing so. Because of that, they'll take the chance since you risk loosing the case in arbitration.
In these cases, most insurance companies will take smaller cases like these to arbitration, especially if they feel their case is weak to avoid the court costs. If they feel their case is strong, they will farm it out to their legal council and they in turn will file a case in district court.
I've always been told that the best way to work is to go through your own insurance, no matter what. I've had 3 accidents in my life so far, none of which were my fault. All of which, I went through state farm and I've never been surcharged (well, I don't know for the 3rd one yet). They handled all aspects of the claims. The last two, they even eventaully recovered my deductable. Unfortuanelty, when I'm hit, the other party lies, doesn't have insurance, and no witnesses step forward, so I had no choice. through all that, I never lost my accident free discount, and my rates in fact have declined steadily over the past 15 years.
I went through my own insurance because she lied about what happened and her insurance denied my claim.
My insurance, State Farm, paid for everything minus my $250 deductable. I had 5k worth of damage, no physical harm.
If there were no witnesses, you are going to have trouble if the other party decides to lie. This is especially true if it was a minor fender bender. When it's your word against theirs, you may have no choice but to go through your own insurance, unless you want to pay out of pocket.
For my accident, I was actually standing still, stuck in traffic when the tractor trailer came into my lane and basically ran me over. Even with a police report, I chance loosing this because it's her word against mine since no one stopped to witness (despite there being plenty of people around
)Every insurance company is different in terms of surcharging you for a chargeable accident.
With state farm, I get an accident-free discount which is 20%. I loose that discount for 3 years if I get into a chargeable accident. I could be charged with this accident still, it's being brought to court by state farm. I did my own homework though. I collected as much evidence on my own and gave it to them. FOr example, my accident happened right out of a toll booth where I used my EZ-pass. I was able to present proof of my lane position. The trucker said I merged into her lane. Given the traffic pattern, I would have gone into incoming traffic and/or a concrete barrier had I merged left. Thankfully she had enough rope to hang herself with and she did. Had I a weaker case, state farm would have gone to inter-company arbitration with it where I would have at best gotten 50/50 fault. The ex-pass info was competely my own doing. The state farm claim rep never thought of it.
Pictures can help somewhat. The damage might reveal circumstances but that usually requires an expert witness to verify and that may not be cost justifiable to bring in that sort of testimony, again, depends on the extent of the damage $$$$.
A very good friend of mine is in the biz. He told me that I risked being ruled at fault, so he told me to document and provide as much evidence as possible. This way if they do decide to charge me with it, I can go to my state farm agent with that file and dispute it; make the valid claim that they blew a strong case, and hope they would not surcharge me. I've fought them before on a similar issue and won.
You can decide to pursue the other insurance company. That's perfectly valid, but totally relies on the honesty of the other party if there were no witnesses.
I tried to go that route with my accident. Since their insured gave a totally different version of events, they sent me a letter saying they would not pay any claims. They will always side with their insured, even if you present evidence to the contrary (again, this is in the absence of witnesses). It doesn't hurt them to deny your claim based on their insureds dishonesty. They do not place themselves at harm by doing so. Because of that, they'll take the chance since you risk loosing the case in arbitration.
In these cases, most insurance companies will take smaller cases like these to arbitration, especially if they feel their case is weak to avoid the court costs. If they feel their case is strong, they will farm it out to their legal council and they in turn will file a case in district court.
I've always been told that the best way to work is to go through your own insurance, no matter what. I've had 3 accidents in my life so far, none of which were my fault. All of which, I went through state farm and I've never been surcharged (well, I don't know for the 3rd one yet). They handled all aspects of the claims. The last two, they even eventaully recovered my deductable. Unfortuanelty, when I'm hit, the other party lies, doesn't have insurance, and no witnesses step forward, so I had no choice. through all that, I never lost my accident free discount, and my rates in fact have declined steadily over the past 15 years.
06-11-2003, 11:33 AM
#15
Originally posted by itdood
I had a truck driver slam into my other car back in January.
I went through my own insurance because she lied about what happened and her insurance denied my claim.
My insurance, State Farm, paid for everything minus my $250 deductable. I had 5k worth of damage, no physical harm.
If there were no witnesses, you are going to have trouble if the other party decides to lie. This is especially true if it was a minor fender bender. When it's your word against theirs, you may have no choice but to go through your own insurance, unless you want to pay out of pocket.
For my accident, I was actually standing still, stuck in traffic when the tractor trailer came into my lane and basically ran me over. Even with a police report, I chance loosing this because it's her word against mine since no one stopped to witness (despite there being plenty of people around )
Every insurance company is different in terms of surcharging you for a chargeable accident.
With state farm, I get an accident-free discount which is 20%. I loose that discount for 3 years if I get into a chargeable accident. I could be charged with this accident still, it's being brought to court by state farm. I did my own homework though. I collected as much evidence on my own and gave it to them. FOr example, my accident happened right out of a toll booth where I used my EZ-pass. I was able to present proof of my lane position. The trucker said I merged into her lane. Given the traffic pattern, I would have gone into incoming traffic and/or a concrete barrier had I merged left. Thankfully she had enough rope to hang herself with and she did. Had I a weaker case, state farm would have gone to inter-company arbitration with it where I would have at best gotten 50/50 fault. The ex-pass info was competely my own doing. The state farm claim rep never thought of it.
Pictures can help somewhat. The damage might reveal circumstances but that usually requires an expert witness to verify and that may not be cost justifiable to bring in that sort of testimony, again, depends on the extent of the damage $$$$.
A very good friend of mine is in the biz. He told me that I risked being ruled at fault, so he told me to document and provide as much evidence as possible. This way if they do decide to charge me with it, I can go to my state farm agent with that file and dispute it; make the valid claim that they blew a strong case, and hope they would not surcharge me. I've fought them before on a similar issue and won.
You can decide to pursue the other insurance company. That's perfectly valid, but totally relies on the honesty of the other party if there were no witnesses.
I tried to go that route with my accident. Since their insured gave a totally different version of events, they sent me a letter saying they would not pay any claims. They will always side with their insured, even if you present evidence to the contrary (again, this is in the absence of witnesses). It doesn't hurt them to deny your claim based on their insureds dishonesty. They do not place themselves at harm by doing so. Because of that, they'll take the chance since you risk loosing the case in arbitration.
In these cases, most insurance companies will take smaller cases like these to arbitration, especially if they feel their case is weak to avoid the court costs. If they feel their case is strong, they will farm it out to their legal council and they in turn will file a case in district court.
I've always been told that the best way to work is to go through your own insurance, no matter what. I've had 3 accidents in my life so far, none of which were my fault. All of which, I went through state farm and I've never been surcharged (well, I don't know for the 3rd one yet). They handled all aspects of the claims. The last two, they even eventaully recovered my deductable. Unfortuanelty, when I'm hit, the other party lies, doesn't have insurance, and no witnesses step forward, so I had no choice. through all that, I never lost my accident free discount, and my rates in fact have declined steadily over the past 15 years.
I had a truck driver slam into my other car back in January.
I went through my own insurance because she lied about what happened and her insurance denied my claim.
My insurance, State Farm, paid for everything minus my $250 deductable. I had 5k worth of damage, no physical harm.
If there were no witnesses, you are going to have trouble if the other party decides to lie. This is especially true if it was a minor fender bender. When it's your word against theirs, you may have no choice but to go through your own insurance, unless you want to pay out of pocket.
For my accident, I was actually standing still, stuck in traffic when the tractor trailer came into my lane and basically ran me over. Even with a police report, I chance loosing this because it's her word against mine since no one stopped to witness (despite there being plenty of people around
)Every insurance company is different in terms of surcharging you for a chargeable accident.
With state farm, I get an accident-free discount which is 20%. I loose that discount for 3 years if I get into a chargeable accident. I could be charged with this accident still, it's being brought to court by state farm. I did my own homework though. I collected as much evidence on my own and gave it to them. FOr example, my accident happened right out of a toll booth where I used my EZ-pass. I was able to present proof of my lane position. The trucker said I merged into her lane. Given the traffic pattern, I would have gone into incoming traffic and/or a concrete barrier had I merged left. Thankfully she had enough rope to hang herself with and she did. Had I a weaker case, state farm would have gone to inter-company arbitration with it where I would have at best gotten 50/50 fault. The ex-pass info was competely my own doing. The state farm claim rep never thought of it.
Pictures can help somewhat. The damage might reveal circumstances but that usually requires an expert witness to verify and that may not be cost justifiable to bring in that sort of testimony, again, depends on the extent of the damage $$$$.
A very good friend of mine is in the biz. He told me that I risked being ruled at fault, so he told me to document and provide as much evidence as possible. This way if they do decide to charge me with it, I can go to my state farm agent with that file and dispute it; make the valid claim that they blew a strong case, and hope they would not surcharge me. I've fought them before on a similar issue and won.
You can decide to pursue the other insurance company. That's perfectly valid, but totally relies on the honesty of the other party if there were no witnesses.
I tried to go that route with my accident. Since their insured gave a totally different version of events, they sent me a letter saying they would not pay any claims. They will always side with their insured, even if you present evidence to the contrary (again, this is in the absence of witnesses). It doesn't hurt them to deny your claim based on their insureds dishonesty. They do not place themselves at harm by doing so. Because of that, they'll take the chance since you risk loosing the case in arbitration.
In these cases, most insurance companies will take smaller cases like these to arbitration, especially if they feel their case is weak to avoid the court costs. If they feel their case is strong, they will farm it out to their legal council and they in turn will file a case in district court.
I've always been told that the best way to work is to go through your own insurance, no matter what. I've had 3 accidents in my life so far, none of which were my fault. All of which, I went through state farm and I've never been surcharged (well, I don't know for the 3rd one yet). They handled all aspects of the claims. The last two, they even eventaully recovered my deductable. Unfortuanelty, when I'm hit, the other party lies, doesn't have insurance, and no witnesses step forward, so I had no choice. through all that, I never lost my accident free discount, and my rates in fact have declined steadily over the past 15 years.
06-11-2003, 11:34 AM
#16
Faster than a speeding bullet...
Join Date: May 2003
Posts: 463
Re: Could someone involved in an auto-accident pls chime in?
I was involved in three accidents in less than a year a few years back. Luckly, none were my fault. But here is the general deal after an accident that involves the police coming to the scene:
1) Police takes down the details and gives you some kind of reference number for the case and some kind of contact information.
2) You contact your insurance company and give your agent all the information you can including the police info. Your agent will let you know about things like rental car places and recommended auto shops. If there is a deductible involved, you pay it.
3) Your insurance company will send out an adjuster to check your car out.
4) Take the car into a recommended shop or one of your own choice. Your insurance agent and the shop will now deal with each other where the insurance company will almost always try to convince the shop to go cheap with parts and labor time. Try to go to a shop that will fight for you to get good parts and service.
5) Your insurance company will take care of everything with the other party's insurance company. If you are not found at fault, your deductible will be refunded to you and your insurance rate does not go up. If you are found at fault...well, you know what happens.
6) You inspect and receive your fixed car.
Unless you were hurt, you shouldn't need to involve a lawyer as that kind of cost will probably not be covered by your insurance company.
That should cover the basics. Good luck. Peace.
1) Police takes down the details and gives you some kind of reference number for the case and some kind of contact information.
2) You contact your insurance company and give your agent all the information you can including the police info. Your agent will let you know about things like rental car places and recommended auto shops. If there is a deductible involved, you pay it.
3) Your insurance company will send out an adjuster to check your car out.
4) Take the car into a recommended shop or one of your own choice. Your insurance agent and the shop will now deal with each other where the insurance company will almost always try to convince the shop to go cheap with parts and labor time. Try to go to a shop that will fight for you to get good parts and service.
5) Your insurance company will take care of everything with the other party's insurance company. If you are not found at fault, your deductible will be refunded to you and your insurance rate does not go up. If you are found at fault...well, you know what happens.
6) You inspect and receive your fixed car.
Unless you were hurt, you shouldn't need to involve a lawyer as that kind of cost will probably not be covered by your insurance company.
That should cover the basics. Good luck. Peace.
06-11-2003, 11:36 AM
#17
Re: Re: Could someone involved in an auto-accident pls chime in?
Originally posted by 01SE02SER
I was involved in three accidents in less than a year a few years back. Luckly, none were my fault. But here is the general deal after an accident that involves the police coming to the scene:
1) Police takes down the details and gives you some kind of reference number for the case and some kind of contact information.
2) You contact your insurance company and give your agent all the information you can including the police info. Your agent will let you know about things like rental car places and recommended auto shops. If there is a deductible involved, you pay it.
3) Your insurance company will send out an adjuster to check your car out.
4) Take the car into a recommended shop or one of your own choice.
5) Your insurance company will take care of everything with the other party's insurance company. If you are not found at fault, your deductible will be refunded to you and your insurance rate does not go up. If you are found at fault...well, you know what happens.
6) You inspect and receive your fixed car.
Unless you were hurt, you shouldn't need to involve a lawyer as that kind of cost will probably not be covered by your insurance company.
That should cover the basics. Good luck. Peace.
I was involved in three accidents in less than a year a few years back. Luckly, none were my fault. But here is the general deal after an accident that involves the police coming to the scene:
1) Police takes down the details and gives you some kind of reference number for the case and some kind of contact information.
2) You contact your insurance company and give your agent all the information you can including the police info. Your agent will let you know about things like rental car places and recommended auto shops. If there is a deductible involved, you pay it.
3) Your insurance company will send out an adjuster to check your car out.
4) Take the car into a recommended shop or one of your own choice.
5) Your insurance company will take care of everything with the other party's insurance company. If you are not found at fault, your deductible will be refunded to you and your insurance rate does not go up. If you are found at fault...well, you know what happens.
6) You inspect and receive your fixed car.
Unless you were hurt, you shouldn't need to involve a lawyer as that kind of cost will probably not be covered by your insurance company.
That should cover the basics. Good luck. Peace.
That pretty much sums it all up nicely
06-11-2003, 01:36 PM
#18
What 01SE02SER said is exactly happened in my case. We have already received our deductible reimbursment from other insurance and rental car will be handled directly by other insurance. Other insurance will reimburse my insurance for car repairs. Thank God for insurance. Luckily no injuries in my accident. Had 1 witness.
06-11-2003, 01:49 PM
#19
Senior Member
Join Date: Dec 2001
Location: Charlotte, NC
Posts: 1,687
I agree with letting your insurance company handle it. But beware of one thing... if you live in a "No-Fault" state like Florida, you will be charged with the accident regardless of fault. You'll need the lawyer to sue the other guy for the increase in premiums over the next 3 years. Just a warning.
06-11-2003, 02:33 PM
#20
subrogation is handled differently from state to state.. You need to make sure you wont be penalized for a payout, regardless of fault.. a payout is a payout in my ins. co's eyes. I had to do this once, I wasnt charged more but lost my discounts, so in effect I was paying more. I guess it worked out because they were never able to get any money from the other driver.. they even tried to garnish his wages, so he just quit working. nice.
06-11-2003, 02:59 PM
#22
Supporting Maxima.org Member
Join Date: May 2002
Location: Atlanta
Posts: 1,815
The at No-Fault state issue is something your lawyer can fill you in on.
I would also like to add these additional points about the need to bring your ins co into this.
1. You have more than one person hurt in your car.
2. At this moment you don't even know if the other party has valid ins. (that’s why you pay for uninsured motorists)
3. You need transportation NOW.
With these things in mind I would start the claim at once with your ins co. I would also leave your lawyer out of it for the time being to give your ins co some freedom to help you get things done in a timely manner. But I would see what he charges for a retainer and if it's reasonable pay it. If you need him on short notice you've got him.
Lastly this is quite a bit of BS with the cops. They should have way more info for you. Other than the report you need to find out if there were any citations issued and to whom. I would think the guy that hit you got at least 1 ticket if not more. If so you need to find out the court date and make sure you are there!!! Most of the time the judge with wave the tickets regarding the accident if the other party doesn’t so up, just like getting off on a speeding ticket when the cop doesn't show. By making sure the guy is found guilty for the violations will not only help you show fault with the ins co ('s) it will be a big help if there's ever a need for a lawsuit regarding the incident. If things get ugly in court and they are trying to get out of it and you are asked to testify right then you have the right to ask for a continuance due to lack of counsel and the judge must issue it. This is also something to talk to you lawyer about.
Make sure you keep your a$$ covered. Dot your i's and cross your t's.
Good luck and I hope you get to feeling better soon.
I would also like to add these additional points about the need to bring your ins co into this.
1. You have more than one person hurt in your car.
2. At this moment you don't even know if the other party has valid ins. (that’s why you pay for uninsured motorists)
3. You need transportation NOW.
With these things in mind I would start the claim at once with your ins co. I would also leave your lawyer out of it for the time being to give your ins co some freedom to help you get things done in a timely manner. But I would see what he charges for a retainer and if it's reasonable pay it. If you need him on short notice you've got him.
Lastly this is quite a bit of BS with the cops. They should have way more info for you. Other than the report you need to find out if there were any citations issued and to whom. I would think the guy that hit you got at least 1 ticket if not more. If so you need to find out the court date and make sure you are there!!! Most of the time the judge with wave the tickets regarding the accident if the other party doesn’t so up, just like getting off on a speeding ticket when the cop doesn't show. By making sure the guy is found guilty for the violations will not only help you show fault with the ins co ('s) it will be a big help if there's ever a need for a lawsuit regarding the incident. If things get ugly in court and they are trying to get out of it and you are asked to testify right then you have the right to ask for a continuance due to lack of counsel and the judge must issue it. This is also something to talk to you lawyer about.
Make sure you keep your a$$ covered. Dot your i's and cross your t's.
Good luck and I hope you get to feeling better soon.
06-11-2003, 03:31 PM
#24
Senior Member
Join Date: Jul 2002
Posts: 183
Sorry to hear about the accident. I myself got rear ended about half year ago. I was in no fault situation and here is the story. Hope it helps.
When accident happened, I called highway patrol, they came and issued me a number saying that I can give this number to my insurance company. After home, I called my insurance company to report the accident. The insurance company sent someone to inspect my car and I had several estimates as well. My max was drivable but I don't want to take any risk for any possible extra damage or falling parts. I told insurance company that I need a rental for daily commute and they hooked me up to enterprise which they take care the rental bill directly. My car was in the shop(at my choice) for 2 weeks. I exchange 3 rentals as my request from maxima, jeep, camry and again maxima.
I didn't talk to any lawyer since insurance company should taking care of everything.
Good luck to you, Mike. I hope you and your fiance will get well soon and get everything resolved. I feel for you.
When accident happened, I called highway patrol, they came and issued me a number saying that I can give this number to my insurance company. After home, I called my insurance company to report the accident. The insurance company sent someone to inspect my car and I had several estimates as well. My max was drivable but I don't want to take any risk for any possible extra damage or falling parts. I told insurance company that I need a rental for daily commute and they hooked me up to enterprise which they take care the rental bill directly. My car was in the shop(at my choice) for 2 weeks. I exchange 3 rentals as my request from maxima, jeep, camry and again maxima.
I didn't talk to any lawyer since insurance company should taking care of everything.
Good luck to you, Mike. I hope you and your fiance will get well soon and get everything resolved. I feel for you.
06-11-2003, 07:50 PM
#25
Bandwagon Lover
Join Date: Feb 2002
Posts: 1,023
Mikey, definately get your ins company involved. Let their adjuster work with you on getting the vehicle repaired and let them deal with the other insurance company. Your insurance company should make sure YOU are taken care of. The other persons insurance company will try and lowball everything to limit their exposure. This service via your insurance company is part of what you pay for.
As far as who was at fault, it's kinda hard to fight a direct rear-end accident. Your insurance company will make sure you are covered and taken care of. After you have the vehicle repaired and such, THEN get the lawyer involved to deal with extended medical costs plus pain and suffering....
As far as who was at fault, it's kinda hard to fight a direct rear-end accident. Your insurance company will make sure you are covered and taken care of. After you have the vehicle repaired and such, THEN get the lawyer involved to deal with extended medical costs plus pain and suffering....
06-11-2003, 09:10 PM
#26
Senior Member
Join Date: Aug 2000
Posts: 1,551
don't listen to your lawyer....i got into an accident....and i'm still dealing w/ it...the lady that hit me, her insurance said they will not pay me anything since they can't contact the lady....and i was like ok....I'm suing there insurance now...don't get your insurance into it...b/c they will charge u a deductable and stuff....just have your lawyer deal straight w/ there insurance....
06-12-2003, 06:19 AM
#28
Supporting Maxima.org Member
Join Date: May 2002
Location: Atlanta
Posts: 1,815
Originally posted by myktek
...don't get your insurance into it...b/c they will charge u a deductable and stuff....
...don't get your insurance into it...b/c they will charge u a deductable and stuff....
You also have a good chance of getting that deductible back. That and what other "stuff" could possibly be bad?
06-12-2003, 06:45 AM
#29
It's chrome alright...
Join Date: Dec 2001
Posts: 4,009
Originally posted by maximaman777
Your deductible is moot when you have two people with injuries. Those bills will pile up in a hurry... Also like you said YOU'RE still dealing with it why not let you ins co deal with it and let them sue the other ins co? Is your car fixed yet? Did you pay all of your own doctor bills? Why do you pay for full coverage if you're not going to use it when you need it?
You also have a good chance of getting that deductible back. That and what other "stuff" could possibly be bad?
Your deductible is moot when you have two people with injuries. Those bills will pile up in a hurry... Also like you said YOU'RE still dealing with it why not let you ins co deal with it and let them sue the other ins co? Is your car fixed yet? Did you pay all of your own doctor bills? Why do you pay for full coverage if you're not going to use it when you need it?
You also have a good chance of getting that deductible back. That and what other "stuff" could possibly be bad?
myktek, that is extremely bad advice in his situation.
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