i got into a car accident 4weeks ago. the person begged me not to call her insurance company n said she'd pay for everything. after i got my estimate then she decided not to pay b/c its about 4000. it took her 2weeks to decide. i already talked to both of my insurance company n her insurance company. it wasn't my fault, and i have a witness. i don't want to use my insurance b/c i have to pay 1000 deductible and i'm not sure if i can get it back, and why should i if it was that person's fault. her insurance company said i should just use my insurance, and my insurance company said it'd be easier to use her insurance. what should i do? should i just wait? b/c i really don't want to pay a 1000 dollars.
2007-06-20 08:00:12 · 7 answers · asked by xlilslickshortyx 5 in Cars & Transportation ➔ Insurance & Registration
yes i have all her information...and the police came when it happened. i talked to my insurance company the same day it happened...she was begging me not to call her insurance company b/c her insurance will go up...it took her 2weeks to decide to use her insurance. yes i was being dumb. then i called her insurance company last week and they are still working on it.
2007-06-20 08:11:19 · update #1
If you have her insurance information, then use her insurance. It's doubtful that her insurance company will contest it, especially since you have a witness.
Additional: FYI, insurance company's are authorized to pay $500 above that of other accrued bills to anyone making a claim against one of their policy holders, if that person makes an issue of it. So you can get at least $500 more if you make a slight nuisance of yourself. Press the issue with them.
Oh, and always make a claim with the other person's insurance company, especially if they beg you not to.
2007-06-20 08:04:37 · answer #1 · answered by Anonymous · 3⤊ 0⤋
OK this is going to echo some of the other comments but I disagree about the $1000.
1) Contact her insurance company and get their address.
2) Send a letter to them and to the other driver providing a copy of the estimate and making a formal demand for the total amount plus a reasonable estimate for rental costs while your car is being repaired. In the letter give them:
a) The location of where the car will be repaired
b) The dates when the auto can be inspected prior to any work being performed
c) A copy of the police report . (Which I presume will have the information about the witness and which places the blame on the other driver).
Send a copy to your insurance company and advise them that you will handle the matter at this stage but that you reserve the right to submit a claim later if you are unable to get a response from the other parties.
Remember.. the other driver owes you for the repair.. NOT the other drivers insurance company. They must represent her/him. So whatever you do.. you do it 'against' the other driver.
OK.. the insurance company should contact you promptly.. if not then you will need to wapnerize them (small claims court).
It is easy (and an educational experience)
1) Go to your local county (or parrish or whatever) offices and file the claim.. its simple to do.. File for the total that you expect to spend (not your time). That is generally the cost of the repair, the cost of the rental, and any personal items which were lost or damaged because of the accident - for example blood all over a new dress or damaged cd's etc..)
2) Have the other driver served with the legal papers. Mail a copy to the insurance company.
3) Get your witness statement notarized. Better still have the witness available on the court date. Court costs and costs related to the lawsuit are generally compensible so keep a separate record of those.
4) Get your estimates together.. better still have the repair shop show up to describe the damage to the vehicle and explain the costs and the time it will take to fix it. If he is not sure about other damage which might be discovered during the repair make SURE he notes that.
5) Call a couple of car rental places and prepare estimates for a rental of the same type of car..(you can not rent a Rolls if they dented your Yugo) for the period that the shop estimates. Claim an average value since the cheapest may not be available when you need it.
6) The insurance company will contact you somewhere along this road... maybe with an offer.. maybe not.. you can decide to accept it or to keep the court date going.... remember you are suing the driver not the insurance company.
7) Thats it.. take all this to court and clearly and calmly explain your case and present your witnesses.
8) The other driver will be there (or will lose) and the other driver can NOT be represented in court by a lawyer.. (not allowed in small claims). If you win, they can appeal but that is not likely because of the cost of the appeal being more then the $4 or $5 k.
don't worry.. from what you wrote... you will likely get the full amount BUT... that is ultimately up to you - if you settle, or the judge - if you go to court.
.
2007-06-20 11:16:20 · answer #2 · answered by ca_surveyor 7 · 0⤊ 0⤋
If your GF was last & caused the chain reaction, she is responsible for all of the vehicles, if another one hit her in the back, after the initial accident, then they would be responsible only for her rear damage (& possibly a portion of the others if they hit hard enough to cause MORE damage to the others). Your auto policy will pay the damages up to your policy limits. If you only have $25,000 or even $50,000 property damage, expect to pay some out of pocket for the cars ($25,000/3 cars = only about $8300 each; $50,000/3 cars = about $16,600 each). If you have collision coverage, your policy will pay for your car less your deductible, up to the actual cash value of the vehicle. IF your policy limits are exhausted, it is possible her insurance policy could be brought into it since she was the driver, your policy would be first, hers would be second. Your insurance company will determine if your gf is a regular operator of your car & will add her if she is, even if she has her own insurance. Also, accident points follow the driver so even if your policy pays, hers will be the one that would get the accident surcharge (if she is NOT added to your policy). If the accident is bad enough though, your company could change your rating tier (go from preferred to standard tier) or even nonrenew if you have other claims or tickets. The best person to ask what can happen to your policy is your agent. They may tell you what they "think" will happen because they probably don't want to call the company to find out & bring the company's attention to the situation. The claims department doesn't ALWAYS communicate all the claims to the underwriting department, or sometime the underwriter is very busy & misses something that may cause them to take action on the renewal. I hope this helps you.
2016-05-20 23:38:57 · answer #3 · answered by ? 3 · 0⤊ 0⤋
Heres the thing.. when you go directly through the at fault parties carrier... they have every right to investigate before they do anything. Sometimes this can take longer then others.
What takes so long you ask? Well... first they have to determine coverage.. was the policy still valid? Was she listed on the policy?
Once they do this.. they have to determine liability.. this requires there driver to be cooperative.. if she isnt.. or says you were at fault.. it will take longer.
So.. you just need to decide whats worth more to you.. waiting... (and not complaining.. b/c they didnt do anything wrong and are trying to get this done for you) or paying a deductible.
If your insurance company does pay out.. they will attempt to get your money as well as theirs back from the at fault party and eventually pay you back.
And please dont listen tot he people on here who say "get a lawyer" honestly.. they are very uneducated in this department. I lawyer cant do anything in this situation and will only delay it longer.
2007-06-20 08:05:06 · answer #4 · answered by Anonymous · 1⤊ 0⤋
You can get quotes in just a few minutes at - SALESQUOTES.INFO-
RE Car insurance question..wasn't my fault.?
i got into a car accident 4weeks ago. the person begged me not to call her insurance company n said she'd pay for everything. after i got my estimate then she decided not to pay ...show more
2014-10-02 15:35:36 · answer #5 · answered by Anonymous · 0⤊ 0⤋
You should have had the police come and file an accident report when it happened. Now, you really don't have any proof. I think 1000 is better than 4000 to be honest. If you have a good insurance company, they will get you more than just your deductible back also...
2007-06-20 08:05:02 · answer #6 · answered by I hate Comcast 4 · 0⤊ 1⤋
if it's a clearly her fault, then insist on reporting the claim to her insurance company, you may need to be persistant...
if the circumstances of the accident are less than clear OR you really want your car fixed without the hassle of dealing with her company, report it to your own company and pay the deductible.
if you decide to go to your use your own insurance, your insurance company will probably try to subrogate against her insurance company to get their money back. if that's successful, you may even get your deductible back (eventually).
2007-06-21 15:14:08 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Call her insurance company and file the claim. In these cases, the nice guy ALWAYS gets screwed. Of course her insurance wants you to use yours; they don't want to pay. Her fault; her insurance. Othewise, bet on not getting the deductable 1000 back.
2007-06-20 08:04:13 · answer #8 · answered by wizjp 7 · 1⤊ 1⤋
Get insurance quotes
2014-12-31 23:29:00 · answer #9 · answered by ? 1 · 0⤊ 0⤋
You need to call your insurance company and file the claim, they work for you so make them go after her company, that's what they are there for and what you pay them for. Never, never try to get around the system, it will always come back and bite you in the backside.
2007-06-20 08:09:14 · answer #10 · answered by gymfreak 5 · 1⤊ 1⤋