How do I deal with the insurance company ? (2010, auto, best)

[mathjak107]

unless the cop saw the accident or issued a violation that police report is useless in many states in court. saying i didnt do some thing carrys no more weight than saying you did do something. you talk ,they write.

i had a guy hit me ,admit it in the report and then change his story that i hit him. i almost lost the case in court because the judge couldnt read the police report.

many times unless you were rear ended they split liability and the proceeds are prorated.

being in a no fault state only means your medical and lost wages are paid without suing regardless who is at fault but in most states it has nothing to do with property damage.


one thing i learned with accidents is the outcomes can be very different from what you think they should be.

[mathjak107]

i just want to clarify that some states do cover non vehicle damage under no fault but not damages to your cars if your moving. every state can be very different even if a no fault state.

Property That Is Covered

The most common type of property damage covered under no-fault statutes that provide for such coverage is non-vehicular property damage. The coverage usually applies to real property, or land, as well as personal property. For example, coverage will usually include damages to things like buildings and even livestock.

In addition, while the typical no-fault property damage laws don't cover damages to motor vehicles that were moving at the time of an accident, insurers usually will pay for damages to vehicles that are damaged while properly parked. The only requirements are that:
•The vehicle was safely parked, and
•It did not pose any significant or unusual risk that caused the damage

Property That Is Not Covered

Damage to motor vehicles involved in accidents and their contents is the prime exclusion in the majority of no-fault laws which provide property damage coverage. However, some laws just limit the amount that can be recovered for damages to a moving car involved in an accident.

Normally, car owners who want to be paid for property damage to their vehicles have to buy separate collision insurance coverage.

[trlhiker]

Sometimes it is easier to get your own insurnace to take care of the claim and then they will get their money back from the insurance company that is at fault. I would call them back or better yet, go to their office and have a talk with them. If you do not want them to handle it, let them know and then get yourself a lawyer. Insurance companies treat people better when they know they have a lawyer lined up. That was my case the one time I got into a pretty good accident which wasn't my fault.

[Glucorious]

Originally Posted by trlhiker

Sometimes it is easier to get your own insurnace to take care of the claim and then they will get their money back from the insurance company that is at fault. I would call them back or better yet, go to their office and have a talk with them. If you do not want them to handle it, let them know and then get yourself a lawyer. Insurance companies treat people better when they know they have a lawyer lined up. That was my case the one time I got into a pretty good accident which wasn't my fault.

You responded quickly. Figured it's a stupid question and deleted it. So you,too, say I should call? I don't want to get a lawyer.

[manderly6]

You haven't called your own insurance?

[Glucorious]

Originally Posted by manderly6

You haven't called your own insurance?

I did, but when she said "lets start this claim" I was like huh what claim and asked her if this is gonna increase my rate. Emphasizing I was not at fault, there was a witness etc.. all she responded was "Can't say. I don't know". Then I hung up. I do not want a rate increase. Not even my fault!

[NJGOAT]

Originally Posted by Glucorious

I did, but when she said "lets start this claim" I was like huh what claim and asked her if this is gonna increase my rate. Emphasizing I was not at fault, there was a witness etc.. all she responded was "Can't say. I don't know". Then I hung up. I do not want a rate increase. Not even my fault!

Assuming you have full coverage, then you definitely need to file a claim with your insurance company. The way it will work is that your insurance company will do everything they can to take care of you, their customer. They then pursue the other insurance carrier for compensation for what they had to pay out. In most states they work off a sliding scale of fault and that is how the payouts are handled. If the other guy rear-ended you on the freeway it is pretty much guaranteed to be 100% his fault, so his company will pay for everything. Of course, your company can't tell you that over the phone until they get all the details. Some cases are settled 50/50, some 80/20, etc. all based on the facts of the case. Suffice to say you DON'T want to be the guy arguing with the other insurance company about the fault ratio.

The main reason though to file a claim with your company is the issue of expediency. It can take MONTHS to properly settle a claim with payouts. In the meantime you are without a car. Your insurance company will pay you out and assist you in the replacement much faster and then they will deal with getting compensated from the other guys insurance.

The best thing you can do right now is file a claim with your insurance company and begin the process.

[High_Plains_Retired]

Originally Posted by Glucorious

I'm not gonna get anything from my insurance, no. Nor would I have expected to use mine since it wasn't my fault. I actually do not think it's an ugly car at all. It was 35 mpg.
What are the chances they will offer something reasonable? Kind of thinking they usually start low. I bought it and paid for it myself. I don't owe anything on it.
Man, I hate this.

I've been there and got that t-shirt as well. Glad you weren't physically hurt though. I didn't fare so well in my accident.

As soon as possible, start gathering advertisements in local newspapers and ad sheets, both online and in-print, of vehicles similar to your own car that show the value of the car. If the insurance claim does come in low, present the ads as proof that their offer is too low. If you have sufficient evidence that the settlement offer is too low, my experience (Allstate) says the insurance company will listen and upwardly adjust their offer.

[Glucorious]

@ StealthRabbit

Thank you!
No, Texas isn't a "no fault" state. She does have insurance. I already called them. I don't think I need a lawyer since the insurance companies (now ) will hopefully do it on their own.
What do you mean by "documented / professional / persistent / confident rebuttal" ? What did you show them?

Originally Posted by NJGOAT

Assuming you have full coverage, then you definitely need to file a claim with your insurance company. The way it will work is that your insurance company will do everything they can to take care of you, their customer. They then pursue the other insurance carrier for compensation for what they had to pay out. In most states they work off a sliding scale of fault and that is how the payouts are handled. If the other guy rear-ended you on the freeway it is pretty much guaranteed to be 100% his fault, so his company will pay for everything. Of course, your company can't tell you that over the phone until they get all the details. Some cases are settled 50/50, some 80/20, etc. all based on the facts of the case. Suffice to say you DON'T want to be the guy arguing with the other insurance company about the fault ratio.

No, I don't. Why I will have to go through the other driver's insurance. I honestly didn't even know my insurance would pay me and then get it back. I thought you go through the other party's insurance. Maybe I would have gotten more coverage if I had known this.
I did call mine now, though.

Originally Posted by High_Plains_Retired

I've been there and got that t-shirt as well. Glad you weren't physically hurt though. I didn't fare so well in my accident.

As soon as possible, start gathering advertisements in local newspapers and ad sheets, both online and in-print, of vehicles similar to your own car that show the value of the car. If the insurance claim does come in low, present the ads as proof that their offer is too low. If you have sufficient evidence that the settlement offer is too low, my experience (Allstate) says the insurance company will listen and upwardly adjust their offer.

I already have been looking. Kind of hard to find the same year and mileage. They didn't list many Yaris'. But, I will keep looking. I hope I get a good offer. I don't want to fight with them about the offer.

[howard555]

Originally Posted by Glucorious

I did, but when she said "lets start this claim" I was like huh what claim and asked her if this is gonna increase my rate. Emphasizing I was not at fault, there was a witness etc.. all she responded was "Can't say. I don't know". Then I hung up. I do not want a rate increase. Not even my fault!

I'll tell you my experiences.
If you had the minimum liability insurance for your state, you are covered in case you are at fault.

If the police report shows they are at fault, you are covered by the other driver's insurance, unless they were not insured, or under insured.

Did you exchange names, addresses, and phones numbers with the other driver?
Did you get the names and phone numbers of the witnesses?
Did you happen to have a cell phone or digital camera with you, and took photos before the car was towed off?
Did you exchange insurance companies with the other driver.

I've been involved in 3 accidents where the car was totalled and I was not at fault.

On one, the other driver's insurance company pushed me to settle.
There were TV ads about a lawyer called Harris & Graves. They specialize in personal injury, etc.
I used the advice I had always been given, and ignored the insurance company. They want you to sign the release, so it is over. You might have injuries that show up in a year. Have you been to a doctor for a checkup for any neck injuries?

My car was very old and the insurance company offered me $1100 or $900 and I keep the car. I kept the car, invested $140 of the $900 for a new radiator, and kept driving the same car.

On your car, do not wait on their adjustor to come out and estimate the damage to your car. Get estimates from several places.
Ask the body shop to go by the place where the car was towed and take a look and give an estimate.
Despite it being totalled, it could be put in running order and sold for alot more than what they will give you for it, if you settle for cash only. Ask them what they offer, if you keep the car.

I had medical expenses and was out of work for a few days.
The insurance company had to pay me for pain and suffering.
I followed the script and ignored the insurance company. Then I called Harris and Graves and explained what happened. They said "We can not get much more than you have already been offered." This meant I had handled the matter the proper way. Never sign the release form until you know you have no un-discovered injuries.

I got paid for pain and suffering and kept the car, and was paid 90% of it's book value.

My insurance went up for 3 years. If you are sitting at a red light and over a period of a week, you are hit by 3 other cars in three different fender benders, you are a higher risk to your insurance company.
Your rates will be going up.

The only way to avoid that, is the other driver pays you for your car out of their pocket which won't happen.

You should ignore their insurance company. Go get checked out by a doctor and a chiropractor.

Don't do like my cousin and take the first offer they give. It's their lowest offer, you can guarantee that.
Make them guess what your plans are.
Make them wonder:
1. Is she-he going to get a lawyer?
A. You say you do not want one. WHY? Call the ones in the phone book that do not get paid ONE dime, UNLESS they win. Get a feel for what they can do for you.
2. Will they see a doctor? No? Why not?

They want to close the case as quickly as they can.
Once you sign then they are released from any liability going forward.

If your car is worth $7500 that is what you'll get, fair value.

They have to pay for, or re-imburse you, for a rental car.
That is a part of what you'll get.
You'll get a rental car, value of your car, and pain and suffering, and any medical bills.