I hit someon because of rain related skid, no one got ticket. Can I claim from their insurance my car damage?

Question

We pay insurance to cover us in accidents and my friends are telling me that it is my fault because I hit from behind. I say that it was out of my control and the skid just happenned becaus eof the weather. Can I be able to claim from other person Insurance company. I only had liability and it wasn't my insurance as I was driving someone else's car.

Cn someone with their experience guide me, what will be the best way to take car eof it. the other car did not have any damage but my car has about $900 damage. If I take it to a reputable car place it might go upto $1500.

Thanks in advance

I got the idea. Let me add some more and that might help my case. This car suddenly stopped in front of me and I hit the brakes but my car still hit the other car. So far I am accepting that it was my fault but don't we pay insurance for our protection?

Answer 1

if a police report was filed at the scene you would have been liable since you rear ended the other car. your insurance has to cover both vehicles. since you were in a vehicle not your own, the owner's insurance will have to cover all damages and they will get slammed by the insurance company after all costs are covered. my advice; man up and pay out of pocket.

you can not blame the weather for a rear end accident. common sense will tell you to slow down to prevent the car from sliding out of your control. this one is going to be expensive. sorry for the bad news.

Answer 2

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RE I hit someon because of rain related skid, no one got ticket. Can I claim from their insurance my car damage?

We pay insurance to cover us in accidents and my friends are telling me that it is my fault because I hit from behind. I say that it was out of my control and the skid just happenned becaus eof the weather. Can I be able to claim from other person Insurance company. I only had liability and it wasn't my insurance as I was driving someone else's car.

Cn someone with their experience guide me, what will be the best way to take car eof it. the other car did not have any damage but my car has about $900 damage. If I take it to a reputable car place it might go upto $1500.

Thanks in advance

Answer 3

You're getting a lot of advice. Some of it is good and some not. The loss occurred on private property so most police departments will not respond to the scene anyway unless there is an injury or a serious accident. You can still file a police report but it would be a one sided police report and therefore not really an accurate proof of loss. If the insurance company never gets hold of them they can deny the claim for failure to cooperate which is one of the duties you (they) have under the insurance contract. Before this is done many letters and phone calls have transpired and usually is not done before 30 days. They will also send them a very strongly worded letter outlying their duties under the policy. If still no response then yes, they can deny the claim. Your better option may be filing a claim with your own insurance company. Yes your deductible will apply but there is a chance you would get that back. Your insurnace company would then go after the responsible party be it the other insurance company or the drivers directly. This is called suborgation. No fault Insurance as someone else mentioned has no bearing on this claim whatsoever. The reality is two weeks is not very long. I know it sounds like an eternity but give them time to do their job. They should at least send someone out to take a look at your vehicle.

Answer 4

You didn't slow down in the rain as you should have, caused an accident by skidding and hit someone in the rear, and want their insurance to pay? Not a chance. Since the accident is YOUR fault, you can make a claim on your insurance, providing you have collision coverage which covers such things. If you do have collision, go ahead and make a claim, and they will pay the cost of repairs, minus your deductible, if any.

That's general, and assumes you were driving your own vehicle. Since you were not:

Once again, insurance follows vehicles, not drivers, so it doesn't matter what your policy says in this case, since you were driving a borrowed vehicle. If you were driving it with permission, the insurance ON the vehicle you were driving is the controlling factor here. Was their collision on the car you borrowed? If so, that person will be able to collect and all you will have to worry about is the deductible. You are going to pay the person aren't you? It's the right thing to do after all.

Answer 5

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RE :I hit someon because of rain related skid, no one got ticket. Can I claim from their insurance my car damage?
We pay insurance to cover us in accidents and my friends are telling me that it is my fault because I hit from behind. I say that it was out of my control and the skid just happenned becaus eof the weather. Can I be able to claim from other person Insurance company. I only had liability and it wasn't my insurance as I was driving someone else's car.

Cn someone with their experience guide me, what will be the best way to take car eof it. the other car did not have any damage but my car has about $900 damage. If I take it to a reputable car place it might go upto $1500.

Thanks in advance
Update: I got the idea. Let me add some more and that might help my case. This car suddenly stopped in front of me and I hit the brakes but my car still hit the other car. So far I am accepting that it was my fault but don't we pay insurance for our protection?
Follow 24 answers

Answer 6

First off, I'm sorry to say that the accident was entirely your fault. You should have kept a greater following distance from the car in front of you because of the weather. You cant use poor weather as an excuse because you knew the road conditions were poor.
Now to the insurance. Insurance covers for liability (mandatory) and physical damage (optional- unless the car is financed or a lease)
Liability coverage protects you for damage and injury that you are responsible for in an accident. In your example, it would pay to fix the other persons car as well as medical costs for the other persons injuries (if they were hurt)
Physical damage coverage covers damage to your own car if you have an accident that is your fault (or if the car is stolen)
If you dont have physical damage coverage on your policy (specifically collision coverage) then unfortuntely you have no coverage to pay for your cars repair. You can try filing a claim against the other persons insurance company but you will not get anything. ..Sorry

Answer 7

You're at fault for a variety of reasons so good for you for accepting such. Just remember the driver of the car is respnsible for maintaining control of the car at all times.

As for insurance....generally the insurance follows the car first, the driver second. If the insurance on the car denies coverage for any reason, the insurance of the driver should kick in as secondary coverage. In this case since you're at fault you can not recover any damages from the person you hit...they will be submitting a claim for the damages you caused to their car to the insurance on the car. Barring any coverage denials they will pay for the vehicle repairs and rental car charges to the person you hit. If the insurance for the car you were driving has collision coverage they will pay for the damage less the deductible. If there is no collision coverage turn it into your insurance...unless you don't carry collision either.

Answer 8

The weather may have been a factor in the accident but you are supposed to slow down for conditions. You are at fault for the accident. There is no possible way for you to claim against the other persons insurance when you are responsible for the damages to their vehicle. If you need to get your friends car fixed you will have to pay out of pocket. If the other car does end up having damage your friends insurance will pay for the damages to the other vehicle. Insurance follows the vehicle, not the driver.

Answer 9

You can't get the other insurance company to pay for your car if the other car was not at fault. The insurance that would pay to fix your vehicle is your insurance. Now if you have chosen to have liability only, then you have made a decision to NOT have your insurance company pay for the damages to your car in exchange for a lower rate. When you decide to have liability only, you are stating that you will take care of the damages to your car if you are in an accident.

Answer 10

You are at fault irregardless of the sudden stop of the other vehicle. Your friend's insurance will only pay for damages to the other vehicle, not his/hers which you were driving. ...so you will have to pay for the repairs out of pocket. Your friend's insurance will go up if the accident is reported and/or the insurance company discovers that your friend was not driving at the time of the accident. The insurance company also has the right to drop the insurance of the vehicle since since your friend allowed an "unauthorized driver" to drive the vehicle. Unauthorized driver meaning you are not on the insurance policy in name or covered under vehicle borrower.
One thing to keep in mind for future reference...
If you have an accident driving someone else's car and they have no coverage for people borrowing the car, you will always be at fault for the accident irregardless of the circumstances.