How do you handle a car accident that isn't your fault?

RainMaker · 09-15-2013, 10:25 PM

I was in a minor accident today. Long story short a lady blew a stop sign and we swapped paint. Bumper has some damage to it, but not a huge deal. I got lucky that a cop was at that same intersection and saw the whole thing. Got the full report with everyone's info. She was ticketed, I was not.

Anyways, what's the next step? Do I contact my insurance company and report it or go through hers? Never really had to do this before. Seeing conflicting information online.

Logan · 09-15-2013, 10:30 PM

Ping: Lathum

With a cop witnessing it, this was pretty much a dream car accident scenario, all things considered. I believe the move is to contact your own insurance company, and they'll go through hers for the damages once you get them a copy of the report. "Proper" procedure could vary by state, I'm assuming, but you'll be fine.

RainMaker · 09-15-2013, 10:32 PM

Yeah, I don't foresee any issues. Especially when she was the one ticketed. I asked around and had one person tell me to contact her insurance company and leave mine out which seemed weird. Another said to contact mine and they'll do the work and get the money from hers.

RedKingGold · 09-15-2013, 10:35 PM

Not sure if it matters too much. The carriers will be in contact with each other once you provide the insurance information for both drivers. I would definitely take photos of the damage before driving the vehicle extensively, and report the accident ASAP.

CraigSca · 09-15-2013, 10:40 PM

My wife was in an accident last October - woman tried to make a left hand turn in front of her. Anyway...definitely contact your insurance company - they will get the police report and then contact the other insurance company. Your company will pay for any repairs, but they will get that money from the insurance company of the person who caused an accident.

TRO · 09-16-2013, 07:50 AM

Take pictures.

I would attempt to report to hers first. Assuming you get a fast response, it will be the simplest solution.

If you report to yours, which is ok too, they will pay for damage less your deductible. Once your carrier is reimbursed from her carrier, you will get your deductible back.

If damage is less than your deductible, your only real recourse is going directly to her carrier.

Lathum · 09-16-2013, 08:04 AM

Hey

Do me a favor- PM me with the companies involved if you like

I work in property damage for one of the big insurance companies, so I deal with this everyday.

Usual disclaimer, laws vary by state, etc...

You have a few different options.

First you have to decide if you want to repair your car, you always have the option of taking a check for the amount of damages and doing what you please with it.

I am going to assume you have all her insurance information. You can go through her insurance company if you don't want it to show up on your policy. Call them and see if she has filed a claim, if not then you can get them started on it and they will contact you. Just be aware, they will likely not pay anything until they have a statement from their insured, so the process could take longer.

If you do decide to go through her insurance YOU ARE UNDER NO OBLIGATION TO REPAIR WHERE THEY WANT YOU TO. You can repair at any shop you like, it is your vehicle.

The fact you have a police report/ witness means they will likely take liability for the accident.

The other option you have is you can file a claim with your own carrier, this worries a lot of people because they are concerend abouit their rates. Typically if it is a no fault accident your rates aren't affected, but I obviously can't say yes or no on that.

what will happen is your provider will write their own estimate and either suggest a shop or tell you to pick one. They will then work with the other insurance company on getting them to take liability for the accident. Different companies do it different ways, you may have to pay your deductible and get reimbursed by the other company, or your company may waive your deductible and collect back from her insurance company.

My advice- Go through your insurance if you want to repair, that is what you pay them for. Now if you are in a rush you could be out your deductible until liability is settled, or you can wait and hope the other person isn't a creep and liability gets determined quickly.

If you are just cashing out, get an estimate from both comapnies and take the higher amount.

Feel free to ask more questions, or PM me if you like

Desnudo · 09-16-2013, 08:31 AM

Depends on the state. Here in Texas you only need to get your insurance involved if the fault is in dispute or it's your fault. Otherwise you work with other person's claims adjuster. If its a no fault state like Mass. then you work through your insurance. Either way, take lots of photos and write down what happened in your words while the memory is still fresh. I would then make sure that recollection lines up with the police report.

Lathum · 09-16-2013, 08:43 AM

Quote:

Originally Posted by Desnudo

Depends on the state. Here in Texas you only need to get your insurance involved if the fault is in dispute or it's your fault. Otherwise you work with other person's claims adjuster. If its a no fault state like Mass. then you work through your insurance. Either way, take lots of photos and write down what happened in your words while the memory is still fresh. I would then make sure that recollection lines up with the police report.

he is under no obligation to get his insurance involved, however, he pays them to represent thiem in thses situations.

PackerFanatic · 09-16-2013, 10:03 AM

I just recently went through this in a minor accident that wasn't my fault (same situation - he was ticketed, I was not). I opened a claim with my insurance, they paid for the repairs initially (I paid my deductible), then when he was found at fault, they got the money back (and I got my deductible back). Sounds like it should be pretty painless in your situation, but as others have said, could be different with the companies involved, etc.

Either way - hope it all works out in your favor, it can be a PITA!

Lathum · 09-16-2013, 10:10 AM

Quote:

Originally Posted by PackerFanatic

I just recently went through this in a minor accident that wasn't my fault (same situation - he was ticketed, I was not). I opened a claim with my insurance, they paid for the repairs initially (I paid my deductible), then when he was found at fault, they got the money back (and I got my deductible back). Sounds like it should be pretty painless in your situation, but as others have said, could be different with the companies involved, etc.

Either way - hope it all works out in your favor, it can be a PITA!

This is pretty standard, except depending on the companies and how quickly liability can be determined, you may be able to get your deductible waived.

One other thing, if you don't carry rental car coverage on your policy, and go through your provider, you may have to pay out of pocket for a rental and get reimbersed by the other company. If this is the case make sure you discuss that with them ahead of time.

RainMaker · 09-16-2013, 03:39 PM

Thanks for all the help. It seems like the easiest method is to just go through my own insurance company. Biggest concern was not getting the deductible back and wondering how hard they'd fight to get it from the other insurance company. Don't want to be stuck paying for something not my fault.

It looks like it's just the bumper. Maybe there is more damage depending on what they say needs to be done. So it's probably a quick fix.

Lathum · 09-16-2013, 04:03 PM

Quote:

Originally Posted by RainMaker

Thanks for all the help. It seems like the easiest method is to just go through my own insurance company. Biggest concern was not getting the deductible back and wondering how hard they'd fight to get it from the other insurance company. Don't want to be stuck paying for something not my fault.

It looks like it's just the bumper. Maybe there is more damage depending on what they say needs to be done. So it's probably a quick fix.

They will fight otherwise they are out the money above your deductible.

finketr · 09-16-2013, 05:07 PM

When this sort of thing happened to me, I had parked and the lady backing out didn't look over or hear my horn when she backed up while turning and clobbered the front right quarterpanel, door, and tire, I called my insurance company, they took care of getting it fixed and then recovered from her insurance. I didn't pay anything out of pocket at all.

Lathum · 09-16-2013, 05:19 PM

Quote:

Originally Posted by finketr

When this sort of thing happened to me, I had parked and the lady backing out didn't look over or hear my horn when she backed up while turning and clobbered the front right quarterpanel, door, and tire, I called my insurance company, they took care of getting it fixed and then recovered from her insurance. I didn't pay anything out of pocket at all.

that is the ideal situation.

and there is no such thing as a front quarter panel, its called a fender

finketr · 09-17-2013, 12:13 PM

Quote:

Originally Posted by Lathum

that is the ideal situation.

and there is no such thing as a front quarter panel, its called a fender

whatever.. i'm not a car person.

09-15-2013, 10:40 PM	#5
CraigSca Pro Starter Join Date: Jul 2001 Location: Not Delaware - hurray!	My wife was in an accident last October - woman tried to make a left hand turn in front of her. Anyway...definitely contact your insurance company - they will get the police report and then contact the other insurance company. Your company will pay for any repairs, but they will get that money from the insurance company of the person who caused an accident. __________________ She loves you, yeah, yeah, yeah, yeah! She loves you, yeah! how do you know? how do you know?

09-16-2013, 07:50 AM	#6
TRO College Prospect Join Date: Oct 2000 Location: Louisburg, KS	Take pictures. I would attempt to report to hers first. Assuming you get a fast response, it will be the simplest solution. If you report to yours, which is ok too, they will pay for damage less your deductible. Once your carrier is reimbursed from her carrier, you will get your deductible back. If damage is less than your deductible, your only real recourse is going directly to her carrier. __________________ TRA, the Royal Ape

09-16-2013, 10:03 AM	#10
PackerFanatic Pro Starter Join Date: Jul 2005 Location: Appleton, WI	I just recently went through this in a minor accident that wasn't my fault (same situation - he was ticketed, I was not). I opened a claim with my insurance, they paid for the repairs initially (I paid my deductible), then when he was found at fault, they got the money back (and I got my deductible back). Sounds like it should be pretty painless in your situation, but as others have said, could be different with the companies involved, etc. Either way - hope it all works out in your favor, it can be a PITA! __________________ Commissioner of the RNFL

09-15-2013, 10:30 PM	#2
Logan Head Coach Join Date: Oct 2000 Location: NYC	Ping: Lathum With a cop witnessing it, this was pretty much a dream car accident scenario, all things considered. I believe the move is to contact your own insurance company, and they'll go through hers for the damages once you get them a copy of the report. "Proper" procedure could vary by state, I'm assuming, but you'll be fine.

09-15-2013, 10:32 PM	#3
RainMaker General Manager Join Date: Jun 2006 Location: Chicago, IL	Yeah, I don't foresee any issues. Especially when she was the one ticketed. I asked around and had one person tell me to contact her insurance company and leave mine out which seemed weird. Another said to contact mine and they'll do the work and get the money from hers.

09-15-2013, 10:35 PM	#4
RedKingGold College Starter Join Date: Oct 2002	Not sure if it matters too much. The carriers will be in contact with each other once you provide the insurance information for both drivers. I would definitely take photos of the damage before driving the vehicle extensively, and report the accident ASAP.

09-16-2013, 08:04 AM	#7
Lathum Favored Bitch #1 Join Date: Dec 2001 Location: homeless in NJ	Hey Do me a favor- PM me with the companies involved if you like I work in property damage for one of the big insurance companies, so I deal with this everyday. Usual disclaimer, laws vary by state, etc... You have a few different options. First you have to decide if you want to repair your car, you always have the option of taking a check for the amount of damages and doing what you please with it. I am going to assume you have all her insurance information. You can go through her insurance company if you don't want it to show up on your policy. Call them and see if she has filed a claim, if not then you can get them started on it and they will contact you. Just be aware, they will likely not pay anything until they have a statement from their insured, so the process could take longer. If you do decide to go through her insurance YOU ARE UNDER NO OBLIGATION TO REPAIR WHERE THEY WANT YOU TO. You can repair at any shop you like, it is your vehicle. The fact you have a police report/ witness means they will likely take liability for the accident. The other option you have is you can file a claim with your own carrier, this worries a lot of people because they are concerend abouit their rates. Typically if it is a no fault accident your rates aren't affected, but I obviously can't say yes or no on that. what will happen is your provider will write their own estimate and either suggest a shop or tell you to pick one. They will then work with the other insurance company on getting them to take liability for the accident. Different companies do it different ways, you may have to pay your deductible and get reimbursed by the other company, or your company may waive your deductible and collect back from her insurance company. My advice- Go through your insurance if you want to repair, that is what you pay them for. Now if you are in a rush you could be out your deductible until liability is settled, or you can wait and hope the other person isn't a creep and liability gets determined quickly. If you are just cashing out, get an estimate from both comapnies and take the higher amount. Feel free to ask more questions, or PM me if you like

09-16-2013, 08:31 AM	#8
Desnudo Coordinator Join Date: Jul 2003 Location: Here and There	Depends on the state. Here in Texas you only need to get your insurance involved if the fault is in dispute or it's your fault. Otherwise you work with other person's claims adjuster. If its a no fault state like Mass. then you work through your insurance. Either way, take lots of photos and write down what happened in your words while the memory is still fresh. I would then make sure that recollection lines up with the police report.

09-16-2013, 03:39 PM	#12
RainMaker General Manager Join Date: Jun 2006 Location: Chicago, IL	Thanks for all the help. It seems like the easiest method is to just go through my own insurance company. Biggest concern was not getting the deductible back and wondering how hard they'd fight to get it from the other insurance company. Don't want to be stuck paying for something not my fault. It looks like it's just the bumper. Maybe there is more damage depending on what they say needs to be done. So it's probably a quick fix.

09-16-2013, 05:07 PM	#14
finketr College Prospect Join Date: Jan 2005 Location: Inland Empire, PRC	When this sort of thing happened to me, I had parked and the lady backing out didn't look over or hear my horn when she backed up while turning and clobbered the front right quarterpanel, door, and tire, I called my insurance company, they took care of getting it fixed and then recovered from her insurance. I didn't pay anything out of pocket at all.

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