Someone hit my parked car, did I do the right things?
September 11, 2014 1:51 PM Subscribe
Sorry - a bit frazzled here, so I'm asking for some advice and to make sure I did the right things. I had just finished some shopping at a local mini-mall, hopped into my car, and next thing I know, a person in a larger SUV/truck misjudged her turning angle while trying to park in the spot next to mine and hit/scraped my car. Now what?
To be clear, I had just gotten into my parked car and was looking up directions (car not moving).
- We exchanged information (drivers license, contact info, insurance).
- I took lots of photos of the cars in their original position -- also a video showing the damage, position, and both of us identifying ourselves and describing what happened (that she hit my parked car).
- She offered to go to the ATM and pay cash, but I declined since (a) I didn't want to get into that sort of legal quandry, and (b) my car is brand new, and I knew the damage was going to be in the $1-2k range. Plus, she was 16 and driving her parents' car/insurance.
- I took my car to my local dealer's bodyshop and they'll be sending me an estimate (they confirmed that it'll probably be $1.5-2k).
- I then called it into her insurance company, and they took in my details account of what happened.
I just want to ensure that (a) this doesn't affect my insurance rates, since I was parked, and (b) that the repair is done properly (it's a leased vehicle, so they'll be inspecting it on turn-in).
Have I missed anything?
To be clear, I had just gotten into my parked car and was looking up directions (car not moving).
- We exchanged information (drivers license, contact info, insurance).
- I took lots of photos of the cars in their original position -- also a video showing the damage, position, and both of us identifying ourselves and describing what happened (that she hit my parked car).
- She offered to go to the ATM and pay cash, but I declined since (a) I didn't want to get into that sort of legal quandry, and (b) my car is brand new, and I knew the damage was going to be in the $1-2k range. Plus, she was 16 and driving her parents' car/insurance.
- I took my car to my local dealer's bodyshop and they'll be sending me an estimate (they confirmed that it'll probably be $1.5-2k).
- I then called it into her insurance company, and they took in my details account of what happened.
I just want to ensure that (a) this doesn't affect my insurance rates, since I was parked, and (b) that the repair is done properly (it's a leased vehicle, so they'll be inspecting it on turn-in).
Have I missed anything?
You missed on the last step: you don't interact with her insurance company. You call yours, and they negotiate with everyone else for you (this is why you pay them). Your insurance company should make sure that the repair is done properly, to your satisfaction.
You -could- have called the police, since often the insurance report wants a police report. In my old state, the police said they didn't come to non-injury accidents.
posted by Dashy at 2:00 PM on September 11, 2014 [2 favorites]
You -could- have called the police, since often the insurance report wants a police report. In my old state, the police said they didn't come to non-injury accidents.
posted by Dashy at 2:00 PM on September 11, 2014 [2 favorites]
It is generally a good idea to call the police and get an official police report in an incident that takes place on private property like this. Should the other party flake out you can use the police report as legal leverage in your favor, and the insurance companies know this and will act accordingly. Ianal, but accident reports are much better than personal recordings.
As far as determining your car insurance rate, that stuff's pretty mystical to me.
posted by LiteS at 2:00 PM on September 11, 2014 [1 favorite]
As far as determining your car insurance rate, that stuff's pretty mystical to me.
posted by LiteS at 2:00 PM on September 11, 2014 [1 favorite]
You did exactly the right thing. I sell insurance for a living. A) it will never raise your rates if it wasn't your fault. B) if you make a claim with your carrier you are responsible for your deductible (until it can be recovered which may be several months) C)the other carrier will get you a rental car while your car is in the shop- you may or may ot have the coverage on your policy.
posted by prk60091 at 2:14 PM on September 11, 2014
posted by prk60091 at 2:14 PM on September 11, 2014
Just to chime in: you don't call her insurance company, you only call your own --- that's what you pay them for, to deal with the other company and be an advocate for you.
And yes, a police report is a very good idea: they won't arrest anyone or anything like that, they'll just make a formal report.... and if it says the other driver is at fault, even better for you.
posted by easily confused at 2:15 PM on September 11, 2014
And yes, a police report is a very good idea: they won't arrest anyone or anything like that, they'll just make a formal report.... and if it says the other driver is at fault, even better for you.
posted by easily confused at 2:15 PM on September 11, 2014
i had a similar situation recently.
yes, you document what you can at the site;
and turn over the information to your insurance company;
they talk to his insurance and get back to you about where you'd want your car repaired;
I would be sure that you do not have to pay a deductible since you are not at fault.
Her insurance might still try to contact you directly--you don't need to respond.
Whether you can get a no-cost-to-you rental while you are waiting for repairs depends on YOUR coverage, I believe.
posted by calgirl at 2:17 PM on September 11, 2014
yes, you document what you can at the site;
and turn over the information to your insurance company;
they talk to his insurance and get back to you about where you'd want your car repaired;
I would be sure that you do not have to pay a deductible since you are not at fault.
Her insurance might still try to contact you directly--you don't need to respond.
Whether you can get a no-cost-to-you rental while you are waiting for repairs depends on YOUR coverage, I believe.
posted by calgirl at 2:17 PM on September 11, 2014
Best answer: I worked in auto claims for a long time. You have two options:
1. You can go through your insurance company for repairs. You will have to pay for your deductible up front, but they will then try to recover this for you when the ask the other insurance company to reimburse them.
2. You can go through the other insurance company. In a case like this it may be pretty straight forward, but it can take a little bit longer if the other person decides not to tell the truth, or if they don't interaction with their own company to tell their side of the story. It would require an investigation then on their part. The benefit to this option is if they agree you were not at fault, they pay the whole thing up front, no issue with the deductible.
The first option is much more efficient if you can afford the deductible up front, and much more stress free. There won't be any potential delay. One possibility is that they won't get your deductible back if the other insurance company sides for any reason with their own insured driver, and they skew the details in their favor. From my experience, in a case like this, I would think this has a low probability of happening.
If the other person does not contest the details, not having a police report is not a big deal, and this will all go smoothly. In either of these cases, the paying company will work with you to make sure that your car is fixed back to its original condition. As it's leased, you shouldn't have to worry about them wanting to use aftermarket parts. Most insurance companies have preferred auto shops that they can recommend, but they will also be able to work with your preferred shop, as well. The mechanic will work with the company directly for payment.
If your insurance company affirms your side of the story, it should not affect your rates, as it won't be coded as at-fault.
Good luck to you.
posted by SpacemanStix at 2:21 PM on September 11, 2014 [6 favorites]
1. You can go through your insurance company for repairs. You will have to pay for your deductible up front, but they will then try to recover this for you when the ask the other insurance company to reimburse them.
2. You can go through the other insurance company. In a case like this it may be pretty straight forward, but it can take a little bit longer if the other person decides not to tell the truth, or if they don't interaction with their own company to tell their side of the story. It would require an investigation then on their part. The benefit to this option is if they agree you were not at fault, they pay the whole thing up front, no issue with the deductible.
The first option is much more efficient if you can afford the deductible up front, and much more stress free. There won't be any potential delay. One possibility is that they won't get your deductible back if the other insurance company sides for any reason with their own insured driver, and they skew the details in their favor. From my experience, in a case like this, I would think this has a low probability of happening.
If the other person does not contest the details, not having a police report is not a big deal, and this will all go smoothly. In either of these cases, the paying company will work with you to make sure that your car is fixed back to its original condition. As it's leased, you shouldn't have to worry about them wanting to use aftermarket parts. Most insurance companies have preferred auto shops that they can recommend, but they will also be able to work with your preferred shop, as well. The mechanic will work with the company directly for payment.
If your insurance company affirms your side of the story, it should not affect your rates, as it won't be coded as at-fault.
Good luck to you.
posted by SpacemanStix at 2:21 PM on September 11, 2014 [6 favorites]
Response by poster: I called my insurance broker, they advised me that since I was parked, I only needed to contact the other party's insurance company -- that if I contacted mine, it would only be more complicated, since I'd have to pay my deductible ($500), which I might get back, but still...
The police said that they would not do any sort of report since it was on private property.
Quick Update: The other driver's insurance company just called me back (that was quick!) to say that they are accepting full responsibility for the accident, and that they would be calling me back with more info regarding their repair/estimate process.
This is a leased vehicle with notoriously finicky metallic paint - I want to ensure that the repair is not only complete, but signed off by the dealer, since they'll be looking at it at lease-end. The damage looks rather superficial, but it's going to be costly.
They mentioned that although they would need to get their estimate, that I could get it repaired wherever I want - I'm not sure how that jives with them getting their own estimate (is this going to become a sticking point?).
posted by theplatypus at 2:23 PM on September 11, 2014 [4 favorites]
The police said that they would not do any sort of report since it was on private property.
Quick Update: The other driver's insurance company just called me back (that was quick!) to say that they are accepting full responsibility for the accident, and that they would be calling me back with more info regarding their repair/estimate process.
This is a leased vehicle with notoriously finicky metallic paint - I want to ensure that the repair is not only complete, but signed off by the dealer, since they'll be looking at it at lease-end. The damage looks rather superficial, but it's going to be costly.
They mentioned that although they would need to get their estimate, that I could get it repaired wherever I want - I'm not sure how that jives with them getting their own estimate (is this going to become a sticking point?).
posted by theplatypus at 2:23 PM on September 11, 2014 [4 favorites]
Have I missed anything?
If she was a kid there may be a bit of a full-court press from her parents to try to get you to possibly not report it to the police and/or have them pay out of pocket. In some states there are pretty severe penalties for young people with parking/moving violations. My sister was rear ended by a young driver recently who was apparently in danger of getting some "three strikes" punishment for this accident and the gal's father went to sort of berzerk trying to get my sister to not file a claim. (she ignored him and filed and claim and it was all fine) Just telling you this because you should stick with your plan (you have done everything right) and move forward knowing it's the right thing, don't take and weird random deals from not-your-insurance-company.
posted by jessamyn at 2:23 PM on September 11, 2014
If she was a kid there may be a bit of a full-court press from her parents to try to get you to possibly not report it to the police and/or have them pay out of pocket. In some states there are pretty severe penalties for young people with parking/moving violations. My sister was rear ended by a young driver recently who was apparently in danger of getting some "three strikes" punishment for this accident and the gal's father went to sort of berzerk trying to get my sister to not file a claim. (she ignored him and filed and claim and it was all fine) Just telling you this because you should stick with your plan (you have done everything right) and move forward knowing it's the right thing, don't take and weird random deals from not-your-insurance-company.
posted by jessamyn at 2:23 PM on September 11, 2014
Unless there are new regulations, it most certainly can effect your rates.
Whether or not it will, I don't know.
posted by Lesser Shrew at 2:24 PM on September 11, 2014 [1 favorite]
Whether or not it will, I don't know.
posted by Lesser Shrew at 2:24 PM on September 11, 2014 [1 favorite]
Upon Update, sounds like you're doing great!
I'm pretty sure the law says you can have your car fixed anywhere you want to.
In this case, you should think about visiting shops your dealership recommends, then choosing one of those.
For a repair this minor, I doubt the insurance company is going to quibble about the repair or how much it costs (these things are standardized) unless a shop inflates your repair estimate to $5k, and it looks like fraud or something.
Just keep stressing to their insurance agent that the car is new, leased, etc., etc.. You should be fine.
I'm pretty sure their insurance covers your rental car or loss of use compensation while your car is in the shop. In fact, I'm 100% sure of this, so make sure you ask for this!
posted by jbenben at 2:45 PM on September 11, 2014
I'm pretty sure the law says you can have your car fixed anywhere you want to.
In this case, you should think about visiting shops your dealership recommends, then choosing one of those.
For a repair this minor, I doubt the insurance company is going to quibble about the repair or how much it costs (these things are standardized) unless a shop inflates your repair estimate to $5k, and it looks like fraud or something.
Just keep stressing to their insurance agent that the car is new, leased, etc., etc.. You should be fine.
I'm pretty sure their insurance covers your rental car or loss of use compensation while your car is in the shop. In fact, I'm 100% sure of this, so make sure you ask for this!
posted by jbenben at 2:45 PM on September 11, 2014
It is good news that you can get it repaired wherever you want. Talk to the folks who leased you the car and ask for their list of approved body shops.
posted by lizbunny at 2:49 PM on September 11, 2014 [1 favorite]
posted by lizbunny at 2:49 PM on September 11, 2014 [1 favorite]
Calling her insurance company is fine. I hit a parked car and they called my insurance company to report it. You got all her info, reported it to both her and your insurance company. Now you just wait for whatever else they need. If they ask for photos or more info or send out an adjuster, you just do what they ask for. You don't need to do anything else.
It shouldn't affect your rates at all. She is at fault so it's her insurance company that is paying out on the accident, not yours. Knowing which state you live in could help to say for sure since every state has different accident laws, but in all likelihood you are fine and did everything right.
posted by AppleTurnover at 3:01 PM on September 11, 2014
It shouldn't affect your rates at all. She is at fault so it's her insurance company that is paying out on the accident, not yours. Knowing which state you live in could help to say for sure since every state has different accident laws, but in all likelihood you are fine and did everything right.
posted by AppleTurnover at 3:01 PM on September 11, 2014
Response by poster: Thanks all - I continue to be amazed by the wisdom and kindness of this community!
I'm in California, and will be bringing my car to one of the insurance-approved shops for an estimate, then to a manufacturer-certified-center for the actual repair. While I am most grateful that nobody was hurt, and that the party-at-fault was determined quickly, I can't help but wonder if I can/should be compensated for my having to take my car in for these estimates and repairs? A rental while I wait for my car's repair, for sure.
posted by theplatypus at 3:54 PM on September 11, 2014
I'm in California, and will be bringing my car to one of the insurance-approved shops for an estimate, then to a manufacturer-certified-center for the actual repair. While I am most grateful that nobody was hurt, and that the party-at-fault was determined quickly, I can't help but wonder if I can/should be compensated for my having to take my car in for these estimates and repairs? A rental while I wait for my car's repair, for sure.
posted by theplatypus at 3:54 PM on September 11, 2014
Sounds like you handled it well. I see that others have recommended that you call the police, so I thought I'd mention that it's good to know your local police department's policy regarding accidents. For example, the LAPD will not make a report for most non-injury accidents, so it's not worth calling them for that type of collision.
posted by insectosaurus at 3:55 PM on September 11, 2014
posted by insectosaurus at 3:55 PM on September 11, 2014
You can certainly be reimbursed for a rental while your car is out of commission or in the shop. You probably won't be able to be reclaim anything for your time lost, unfortunately. The key word is indemnification, and it simply means that the other party has a responsibility to bring you to a state of wholeness again. From what I understand, legally this has historically meant repairs for damages, and generally not lost time.
posted by SpacemanStix at 4:05 PM on September 11, 2014 [1 favorite]
posted by SpacemanStix at 4:05 PM on September 11, 2014 [1 favorite]
Time lost and annoyance doesn't count, but yes, insurance should cover your car rental during repairs. You should ask them though. And make sure you know the maximum cost/duration they will cover.
posted by AppleTurnover at 5:58 PM on September 11, 2014 [1 favorite]
posted by AppleTurnover at 5:58 PM on September 11, 2014 [1 favorite]
I always would call the police in a situation like this.
posted by persona au gratin at 12:57 AM on September 12, 2014
posted by persona au gratin at 12:57 AM on September 12, 2014
Perhaps call the mall (or whatever) security office. Just as a CYA move. Also, whenever you talk to any insurance company on the phone, ask for an email confirmation.
posted by Lesser Shrew at 5:53 AM on September 12, 2014
posted by Lesser Shrew at 5:53 AM on September 12, 2014
You might be able to be reimbursed for your lost time, especially if you are paid hourly. I got rear-ended a couple of years ago, the other driver was at fault, and his insurance company did reimburse me for the pay I lost at work dealing with it. This was in Pennsylvania, the other driver was from Ohio, YMMV.
posted by Anne Neville at 6:36 AM on September 12, 2014
posted by Anne Neville at 6:36 AM on September 12, 2014
This thread is closed to new comments.
Did you call the police and get a report when it happened? That's usually helpful because if the issue of whose fault it was comes up, there is an official record of who said what when.
posted by HeyAllie at 1:59 PM on September 11, 2014 [10 favorites]