How do I handle an insurance claim where the other driver was at fault and hit me?

Question

I was driving down the road and a vehicle that was plowing a driveway backed into the roadway and t-boned my truck. There is moderate damage. He was plowing his own driveway, but using a company plow. I filed a police report and contacted my insurance company. They said my insurance could go up even though it was not my fault. How do I handle this situation, go directly through his insurance company or use mine?

Answer 1

ANY time you file a claim you run the risk of having your rates rise whether you are at fault or not. If your vehicle is safely driveable and you want to wait for the other insurance company to setup & pay for your repairs you can. If your vehicle is NOT safely driveable then you'd be better off having your insurance take care of things right now. They will subrogate the other insurance company and yes your deductible will apply....but you'll get it back once your insurance recovers it.

Answer 2

First off it is not requirement to Report, or File a claim with your insurance company.... Now u can either file with your own insurance under your collision coverage, and pay your ded to have you veh fixed. Or you can file with the other persons insurance company. I would not recommend taking cash from the guy with out at least getting an estimate first, because if he offers you one amt, it could be more than that to fix your veh.. Now as far as your rates go, those are usally determined by the underwriting dept at your insurance company. Basically when your policy comes up for renewal they take a look at how long youv'e had insurance, the amt of clm's, the amt of the clms that were ur fault versus not ur fault.. Then if they see it needed they will raise ur rates.. What I was told by my agent is if your in an accident, and not at fault your rates will not go up, even if the damages are extensive. Now of course if you have a lot of claims on you record they still could go up.. And then if your in an accident, and are at fault , and the damages to the other persons veh, or person is more than a grand your rates could go up.. If there less than a grand then most likely they will not go up... But to each insurance company is a little different. If you called the claims dept at your insurance company and they told u the rates would go up they shouldn't have, because again only the underwriter, or adj can tell you that.. Not the rep who files the claim...

Answer 3

Every state has there own laws but you both have to file a report with your own insurance company if the damage exceeded $1000 or there were personal injuries. The plow drivers insurance will ultimately pay the entire claim because your insurance company will go after them for the damages. Don't use your collision (insurance company will probably object anyway) because your rates will definitely go up. They should not if you were not at fault.

Answer 4

You have two options if you have collision coverage on your vehicle: File through your company or file through the other company. If you file through yours, you will have to pay a collision deductible because that is how much you agreed to self-insure yourself for any time you are in an accident (regardless of who's at fault). Your company will then subrogate, or try to get reimbursed, from the other company so it's essentially like your policy didn't pay out any money. Your company will also try to get your deductible back.

If you don't have collision coverage because maybe you have an older vehicle, you'll have to file through the other insurance company. They will conduct an investigation (ie, talk to their driver, inspect your vehicle, obtain a copy of the police report) before accepting liability or responsibility. Depending on your state, you may also be entitled to loss of use which is compensation for renting a vehicle. If you file through the other company, you have to play by their rules and give them time to complete their investigation.

You have insurance to protect you. Never, EVER, try to settle out of pocket with the other person. You'll end up filing through your insurance company anyway because inevitably the other party will screw you over. Plus, you have an obligation to report any and all claims to your insurance company...afterall, you have a contract with them.

Answer 5

Whenever possible, keep your insurance company out of it. Insurance companies are notorious for raising rates on the slightest pretext.

The way to handle this is to go directly to the offending party which will then refer you to their insurance company. Remember that you actually have a claim against the person responsible for the damage not the insurance company.

If the insurance company is being difficult, a letter to the at fault person usually gets the attention of the insurance company because they will contact the ins. to get the problem handled.

Another, though nasty way to get action is to file a small claims action against the other person. The intent isn't to actually go to court but to get the attention of the insurance company and get the problem handled. Most of the time, you will NOT need to go this far.

Answer 6

Deal directly with HIS insurance company and keep yours out of it unless you absolutely have to get them involved.

Besides keeping your rates from a possible increase, it will keep the 2 insurance companies from dealing together to get a lower pay-out to you. Believe me, it happens, kind of a you scratch my back and I'll scratch yours deal.

I've had several accidents that were all the other drivers fault, and I've never dealt with my own insurance company to get repairs or claims paid out.
I've known people who went through their own insurance and got way less than they should've, plus had to pay deductible and no rental since they didn't have rental coverage on their policy.

Also, when they settle, and want to record a phone coversation, never tell them you have no injuries or signs of injury. Always tell them none that are apparent, or none that you know of at this time. This keeps them from saying you told them there were no injuries if any show up later on from the accident. I've had them ask me 5 different ways in one conversation about injuries.

Answer 7

Ok forget what half of these people said. "Pay cash to the other guy,"??? Wats he talking about??! Why would u pay that idiot who Hit YOU?The only one who knows what they are talking about is the guy who said "keep your insurance out of it". that is true. Don't ever involve your insurace if you are not at fault. At least you got a police report. Your insurance will use everything possible to raise your rates. Call him and and go thru his insurace. Its his fault, he needs to pay the price. You definitley will pay points if you go through your insurance, no matter what they tell you. My mom had a problem like that in the past, but we live in NJ, and its horrible here! Good luck and be sure to call that Plow company and let them know of what happened. I'm sure they will take care of it through their insurace.

Answer 8

by your description, he had the the perfect option of way when you consider that he replaced into already on the line yet maximum probable driving too quickly. You have been turning left and had the parked automobiles that maximum probable obstructed your imaginative and prescient to verify you have been sparkling to coach. even in spite of the shown fact that he has no coverage, in the journey that your organisation deems you to be at fault, they pays him. they have a settlement with YOU and could shield you for criminal accountability if discovered at fault. the different guy has no person to guard his rights when you consider that he has no coverage. maximum probable the officer might have written a value tag for no coverage and in all probability driving in excess of the fee because of the skid marks, yet whilst no longer on your turn, this twist of destiny won't have handed off. it ought to prove reckoning on what state you reside in, that your coverage won't pay one hundred%, yet in all probability seventy 5%, meaning they have self assurance he has some fault in this twist of destiny, yet which would be their call, when you consider that if this different guy could prefer to sue you, your organisation by settlement has to guard you free of fee, that's what coverage is for. permit your coverage organisation handle the data. i comprehend it stinks, when you consider that he's uninsured, yet whilst it have been any opposite direction around, except you have uninsured insurance on your coverage, they does not pay on your damages. stable good fortune

Answer 9

Buddy, when it comes to auto accidents; it's never your fault. Next time, do the right thing by paying cash to the other guy and not contacting your insurance company. They will always raise your rates.

Answer 10

Turn it over to your insurance and let them handle it.