My husband was on his way to work on Sunday morning and was broadsided by a newspaper truck.?

Question

It clearly is not his fault but our insurance agent wants us to file a claim against our own policy. He will not help us unless we do. So we are not sure how to proceed. He did go and get 2 repair estimates today. He also spoke with the person handling the insurance claims for the newspaper company. She was clueless because she had no paperwork on the accident yet. We will have the police report on Thursday.
Any assistance will be appreciated.

Answer 1

First and foremost I hope your husband is well and was not injured. Your insurance company is not able to act on your behalf unless you file the claim through them because they would not have any legal ground to demand any payments from the other insurer or the newspaper. As far as being in a "no fault state", that does not require you to file with your own company, that is a totally misunderstood statement, by no fault what it means is that no matter who is at fault the first party medical benefits are paid through your own policy first and this is only in case of injury by you or anyone in your vehicle that resides in your household, after the limit of medical on your policy is exhausted then the other parties bodily injury picks up the medical part until it is exhausted and finally any uninsured motorists bodily injury will be the last coverage available under your own policy for medical.If there is no injury you have the option of filing either through the other parties insurer or your own, and even in case of injury you can file for damages through the other carrier and first party medical through your own policy.If you file through your insurance company your claim will be handled quicker and you will have them representing you all the way while if you sit and wait for the other party to act you may be delayed while they conduct their investigation. Your insurance company will cover you even while investigating under the collision coverage of your policy because no matter whose fault it is that is the coverage that will pay under your policy less the deductible.After the claim is paid by your insurance company then they will demand repayment from the other parties insurance carrier in a process called subrogation or payment recovery in which they will include your deductible and any expenses you may have incurred because of the accident. In Subrogation there are no guarantees and it may take some time before your insurer recovers but once they do they will forward your deductible and expenses to you.

Answer 2

You don't have to file with your insurance, but do keep records of everyone you speak with regarding your claim. You should be able to turn in a claim yourself with the newspaper companies insurance as long as you have the policy number otherwise you will have to wait. The police report will not be on your record and will not affect your husband because he was not at fault (so don't pay attention to the person who told you that) Depending on the amount of claims that have been turned in throughout the last three year period turning in the claim under your policy may cost you because of claim frequency whether it is your fault or not. Many people opt to turn in the claim under their policy even though they are not at fault because claims against big companies tend to take long to get through especially because they don't want to admit fault or want to hold out to the last minute possible and that may be your case if you get frustrated with the company. But I personally don't recommended for the reason stated above.

Answer 3

If you file with your insurance company, you can get your car repaired right away, and then your insurance company will go after the newspaper's insurance company for reimbursement. Depending on the state (whether the state is a no fault state), you may be able to file against the newspaper's insurance company, but that process may take longer.

In any case, if the accident was not your husband's fault, and the police report state's that he was not at fault, your insurance rates should not go up.

Answer 4

If you go through your policy then you can get your car fixed immediately. If you wait for the other insurance company it could take several weeks. They will need to complete a liability investigation. The police report is irrelevant in a liability investigation as the police officers were not witnesses to the accident. It is also possible they will find some negligence on your husband, I can't say for sure but comparative negligence occurs in a lot of accidents even when people feel they have no liability.

It is your responsibility to mitigate your damages. This means you can not sit in a rental car or leave car in tow yard waiting for the other insurance company. You need to do what you can to minimize your loss.

If you go through your policy the other insurance company will reimburse your policy once they complete liability.

Answer 5

Do you live in a jurisdiction with "no fault" insurance? If so, you will have to file a claim with your own policy first, and if the other driver is at fault, your insurance company will pursue the other person (and his or her insurance company) to get costs covered.

However, even though it's not your fault, you will have a claim on your insurance, and even though it's not fair -- you may see your rates go up. Just in case, you should have a copy of any police report , especially if it completely clears your husband of any responsibility in the accident. This can help if you need to go to bat to get your rates lowered again.

Answer 6

Well, first of all, I'd note my calendar, and 45 days before the policy renews, I'd switch to another agent. Not necessarily a new company, just a new agent. Because "I won't help you unless you file a claim" is just WRONG.

Is your husband injured at all?

If it were me, and your husband isn't injured, I'd call again to see if the company has the claims information. Then ask to speak with their adjuster/risk manager, to see if they'll just settle this quickly & painlessly. Don't forget to ask for $$ for a rental car, for the time your car is in the shop.

If after two weeks, you're getting the runaround from them, or they aren't cutting you a check, or they're stalling, or they want to blame hubby for the accident, THEN you need to file the claim under your own policy. Or if your hubby was injured, then you need to file under your own policy, also.

Answer 7

you can file the claim through your policy and pay your deductible that way your car gets repaired immediately. Then the insurance companies will dispute and if it is proven that the newspaper truck was at fault then your insurance company will get reimbursed and your deductible will get paid back to you. Trust me the company does not want to pay out of there pocket they will fight for their money back and your. Trust your agent they are their to help you they will not steer you wrong.

As long as you were not at fault and your husband did not get a citation your rate will not go up unless you are proven at fault.

Make sure your insurance company gets reimbursed because if not you rates can go up due to paid losses.

Answer 8

You have to file a claim with your insurance company, so that your insurance company can pursue their claim against the newpaper truck's insurance company. If your insurance company doesn't have a written claim, they cannot proceed, because they wouldn't have any information about the accident.

Answer 9

Many reasons for filing with your insurance. If you have comprehensive and uninsured motorist they can take the lead to get your car fixed. They will then pursue the newspaper insurance. If you don't have comprehensive and/or uninsured motorist they will keep the record of accident on file so you cannot file a claim later for the same damage.

Answer 10

Yeah, this is normal procedure. Your claim adjuster wants you guys back on your feet asap. They will subrogate with the other insurance company. Unfortunately, some companies use this against you and take away your "loss free credit" double check (not with the adjuster, but with your agent/customer service rep) on this..