Thursday, December 31, 2009

Auto insurance advice and help?

I was in a accident on July 13 and the person that was at fault was cited for running a red light. I found out that he did go to court and was charged for running the light and paid his fine in full on July 27th. However when I called his insurance company to see what was going on with the claim they told me that he didn't even report the accident to his insurance company so what's going to happen next?Auto insurance advice and help?
Hiya:





Actually? The citation doesn't have ANYTHING to do with his insurance.





Since you got in touch with his insurance company - hopefully they took the claim report from you. They will have to confirm his coverage and confirm the facts of loss with the both of you....





Then, after they confirm coverage and clear up liability, it's off to the races for the estimate of damages to your vehicle...check to see if you're injured - any passengers? Were they injured...get ya some money for your car repairs....Do you need a rental?





Those are just the basics but....should be able to get you started.





Goodluck!





~jifr!Auto insurance advice and help?
The answer to your question depends on in which state the accident happened, some states have what's known as ';No-Fault'; insurance. This simply means that your insurance takes care of your damage and the other party's insurance takes care of his damage and once liability is established, the liable party's insurance pays the other party's damages. This is called Subrogation. If you don't live in a ';No-Fault'; state, contact your insurance company and see if they will take care of your damage and subrogate the claim, however you'll have to pay any deductables, up-front, until the other party's insurance carrier pays your insurance carrier. You can also report the loss to the other party's insurance carrier and hope that they take care of the damage and because the other party was cited, you are probably going to prevail! Once notified of an accident, most insurance companies want to settle pretty quickly because some claimants will ';think-up'; injuries. If you notified the other party's insurance carrier of the damage, they do have the right to investigate the circumstances surrounding the accident and they'll probably request a copy of the accident report from the police agency that did the initial accident investigation. They will also call or notify their insured to get his side of the story, but, the ';red light'; citation is probably going to seal the case agaist him unless you, in some way, contributed to the accident.. Good luck!
mbrcatz17 is correct that his company has no legal obligation to take a claim report from you. But in todays claims world only a real piece of crap insurance company wouldn't take the info from you and then confirm the loss with their policyholder.





If your car is undriveable and you need it repaired quickly then go through your own company if you have collision coverage. You will have to pay your deductible to the repair shop but your company will try to collect that back for you.





If your car is driveable and you don't want to pay a deductible then you should get a copy of the Police Report and damage estimates for your car to his company. They may need some time to reach him in order to confirm the accident facts and make sure that coverage was in force.





The citation(s) he received do not automatically mean he is 100% at-fault for the loss. The determination of fault will be based on his actions. In most states both drivers in an accident can be held partially responsible for an accident. Depending on what state you are in it's called comparative negligence or contributory negligence.





If you haven't already done so make sure a claim is set up at his company and get the claim number along with the adjusters name and phone number.





If his company does not offer to pay you 100% then you should collect from your company.
take legal actions as soon as possible
Call your insurance company and ask them why they haven't filed with the other person's insurance company yet, since you did report it at the time of the accident to your company, right?
Notify your insurance company of your findings immediately %26amp; they'll take care of the dirty work for you. It's a good idea to call them back frequently to check on the status so the process isn't drug out.
You should report the accident to his insurance company and ask that they send out an adjuster to calculate the damage to your car. If they don't cooperate, they have the responsibility to at least take your statement regarding one of their insureds.





What next, report the accident to your insurance company and identify that the other party ws cited and found to be at fault.


Usually, accidents that result in damage above a certain amount, must be reported to the Department of Motor Vehicles also.





Hope this helps.
Nothing, unless you file a claim with YOUR insurance company, or sue him in small claims court. He clearly doesn't want to file a claim with HIS carrier. And they have NO obligation to take a claim report from you.
Violating a vehicle code is not evidence of fault and is a seperate issue than that of negligence. And police reports showing someone being cited or being 'put at fault' does not determine negligence either.





He may have ran a red light, but what did you do to contribute to the accident. Did you check the intersection as you're supposed to for cars BEFORE entering? If you did, and then saw the person coming, did you do anything to avoid the accident? Were you driving the speed limit? If at night did you have your headlights on? The answers to these questions do matter because 1) all cars in the intersection regardless of the color of the light have full right of way and 2) you are duty bound to take reasonable efforts to avoid a collision.





After the insurance company takes all statements and analyzes the FACTS, at that time a liability decision will be made. If it's 100% in your favor great, but in the meantime you have to mitigate your damage while the insurance company conducts THEIR OWN investigation as required by law.

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