Not-My-Fault Car Accident, How to Handle Insurance?
March 29, 2015 10:09 PM Subscribe
I was rear-ended last night - at a complete stop waiting for a light; the car behind me was going about 40mph when it hit us. Called the cops, called my insurance, it is completely the other driver's fault. My insurance said I can either have the other driver's insurance (Traveler's) handle my claim, or I can pay my $500 deductible and have my insurance handle the claim (repairs, rental car, etc.) with the knowledge that they may not be able to recover my deductible.
It will definitely be a lot easier to just go through my insurance - the air bags didn't deploy, and now both the airbag 'system malfunction' lights are on, so I don't really want to keep driving it. I'd really just like to get it taken care of as soon as possible, but $500 is still a significant chunk of change. (I haven't heard from the other insurance yet). I'm in Alabama.
What's the smart thing to do here? If I do go through my insurance, will it make my rates go up?
It will definitely be a lot easier to just go through my insurance - the air bags didn't deploy, and now both the airbag 'system malfunction' lights are on, so I don't really want to keep driving it. I'd really just like to get it taken care of as soon as possible, but $500 is still a significant chunk of change. (I haven't heard from the other insurance yet). I'm in Alabama.
What's the smart thing to do here? If I do go through my insurance, will it make my rates go up?
Something like this happened to me and I went through the other driver's insurance. You may have to call them but if you exchanged insurance information with the other driver you should have what you need for that. Get written estimates of the damage. They may need to send someone to look at it but if you're not claiming body damage they may just tell you a mechanic to take it to. Good luck!
posted by irisclara at 10:39 PM on March 29, 2015
posted by irisclara at 10:39 PM on March 29, 2015
I was rear-ended years ago. When I called my insurance company they said that I should go through the other driver's insurance since he admitted fault. It was implied or maybe even outright stated that it would be a good thing not to have this on my record with my insurance. I did indeed go through the other party's insurance and I don't remember having any trouble doing so.
It seems like the OP is implying that they would not be able to have the repairs done right away unless they go through their own insurance company and pay the deductible. But I am certain that I got my repairs started right away despite going through the other person's insurance and not having to pay anything.
I'm not sure why several people in this thread are saying that it is preferable to pay the deductible... Or even that an insurance company is remiss if they suggest you go through the other party's insurance. Anybody care to clarify in what way shelling out $500 for an accident that wasn't one's fault is a good thing??
posted by mysterious_stranger at 11:05 PM on March 29, 2015 [1 favorite]
It seems like the OP is implying that they would not be able to have the repairs done right away unless they go through their own insurance company and pay the deductible. But I am certain that I got my repairs started right away despite going through the other person's insurance and not having to pay anything.
I'm not sure why several people in this thread are saying that it is preferable to pay the deductible... Or even that an insurance company is remiss if they suggest you go through the other party's insurance. Anybody care to clarify in what way shelling out $500 for an accident that wasn't one's fault is a good thing??
posted by mysterious_stranger at 11:05 PM on March 29, 2015 [1 favorite]
Anybody care to clarify in what way shelling out $500 for an accident that wasn't one's fault is a good thing??
Because your insurance company is going to be looking out for you and for themselves. The other driver's insurance company is looking out for the other driver and themselves. If the other driver is at fault, it's very unlikely the deductible won't be recovered. The OP's insurance company will make sure that happens.
I've been in a few accidents over the course of 30 years of driving. I've had the other person's insurance handle a claim and I've had my insurance handle a claim (rear-ended at a stoplight, the deductible was recovered) and one was bad enough that we went called in an attorney. Ill never go with the other driver's insurance again. They are not looking out for you.
I have a great insurance company, the same one for almost 25 years, and I trust them completely. It's great to just turn things over to them and let them do their thing. They are the experts in this area.
Ask your agent how your choice will affect your rates. I'm not sure why this would make your rates increase but your agent will be able to advise you there.
Good luck, OP. Make sure and get checked out by a doctor if you haven't already. 40 mph is a not insignificant speed.
posted by Beti at 11:23 PM on March 29, 2015 [5 favorites]
Because your insurance company is going to be looking out for you and for themselves. The other driver's insurance company is looking out for the other driver and themselves. If the other driver is at fault, it's very unlikely the deductible won't be recovered. The OP's insurance company will make sure that happens.
I've been in a few accidents over the course of 30 years of driving. I've had the other person's insurance handle a claim and I've had my insurance handle a claim (rear-ended at a stoplight, the deductible was recovered) and one was bad enough that we went called in an attorney. Ill never go with the other driver's insurance again. They are not looking out for you.
I have a great insurance company, the same one for almost 25 years, and I trust them completely. It's great to just turn things over to them and let them do their thing. They are the experts in this area.
Ask your agent how your choice will affect your rates. I'm not sure why this would make your rates increase but your agent will be able to advise you there.
Good luck, OP. Make sure and get checked out by a doctor if you haven't already. 40 mph is a not insignificant speed.
posted by Beti at 11:23 PM on March 29, 2015 [5 favorites]
Yes, BY ALL MEANS GO THROUGH YOUR INSURANCE.
Sorry for shouting, but that's literally what your insurance is for. The deductible should be easily recovered. If there were injuries, you may want to consider retaining personal counsel. My father was in a bad accident that significantly hurt his back and the other driver was underinsured, and his own insurance (AmFam) didn't want to pay out the amount they needed to (the max of his own underinsured coverage), until lawyers got involved. He ended up getting the full amount of both the driver's policy and his own policy, less attorney's fees.
In the mean time, if no injury, you still need to go through your insurance. You won't see an increase if it's clearly not-at-fault, or shouldn't in any insurance company I've heard of. The insurance company is your advocate in this situation, and the opposing insurance company will do everything they can to avoid paying out the full amount, or expeditiously handling things. You don't pay them, why would you think you can light a fire under them to get anything done? Your insurance will likely include some sort of rental policy, along with quick pursuit of the case.
I've worked with both Progressive and State Farm and I'd recommend either, if you're on someone else. I'd stay away from AmFam just because of the experience highlighted above (and because they dropped my parents after 20+ years of paying the policy because they had two small claims on their house within 6 months of one another).
posted by disillusioned at 12:00 AM on March 30, 2015 [3 favorites]
Sorry for shouting, but that's literally what your insurance is for. The deductible should be easily recovered. If there were injuries, you may want to consider retaining personal counsel. My father was in a bad accident that significantly hurt his back and the other driver was underinsured, and his own insurance (AmFam) didn't want to pay out the amount they needed to (the max of his own underinsured coverage), until lawyers got involved. He ended up getting the full amount of both the driver's policy and his own policy, less attorney's fees.
In the mean time, if no injury, you still need to go through your insurance. You won't see an increase if it's clearly not-at-fault, or shouldn't in any insurance company I've heard of. The insurance company is your advocate in this situation, and the opposing insurance company will do everything they can to avoid paying out the full amount, or expeditiously handling things. You don't pay them, why would you think you can light a fire under them to get anything done? Your insurance will likely include some sort of rental policy, along with quick pursuit of the case.
I've worked with both Progressive and State Farm and I'd recommend either, if you're on someone else. I'd stay away from AmFam just because of the experience highlighted above (and because they dropped my parents after 20+ years of paying the policy because they had two small claims on their house within 6 months of one another).
posted by disillusioned at 12:00 AM on March 30, 2015 [3 favorites]
Years back I was rear ended in a similar scenario. Turns out the guy who hit me had phony insurance papers, and he vanished (undocumented immigrant made it easy) after my insurance company pursued him.
Be sure the person who hit you actually HAS coverage and not just a card. But cover your own butt by having your insurance company pursue the recovery.
It's just stunning how many uninsured drivers with phony cards are out there, as I later learned.
posted by spitbull at 4:17 AM on March 30, 2015 [2 favorites]
Be sure the person who hit you actually HAS coverage and not just a card. But cover your own butt by having your insurance company pursue the recovery.
It's just stunning how many uninsured drivers with phony cards are out there, as I later learned.
posted by spitbull at 4:17 AM on March 30, 2015 [2 favorites]
My wife's car was rear-ended a few years ago. I notified our insurance company so they were aware of it, but reported it to their insurance company (Progressive), and their company took care of the whole thing including a rental car with no problem and no cost to me.
posted by davcoo at 5:32 AM on March 30, 2015 [2 favorites]
posted by davcoo at 5:32 AM on March 30, 2015 [2 favorites]
I was rear-ended a few months ago - slow-motion, no airbags, could barely see the ding on the bumper - and my company handled everything (I did speak briefly to his insurance guy, who mostly wanted to make sure I wasn't going to put them on the hook for medical bills), and I didn't have to pay my deductible because his company paid all of it. It was his fault, so yeah. Oh, and it was also Travelers. So I would ask your insurance why you have to pay your deductible rather than them just making Traveler's pick that up as well.
posted by rtha at 5:47 AM on March 30, 2015
posted by rtha at 5:47 AM on March 30, 2015
Once, my car was hit twice in one year by other drivers, the one accident I went through my insurance and the other through the other driver's, and to be honest, the other driver's insurance was easier to deal with than mine. So your mileage may vary.
posted by interplanetjanet at 5:47 AM on March 30, 2015
posted by interplanetjanet at 5:47 AM on March 30, 2015
I was hit in a similar fashion a few years ago and I let my insurance company handle everything and it was very easy. It was very clearly the other driver's fault (and they admitted that right away) so I never had to pay my deductible. It was very simple and (relatively) headache-free.
posted by whatideserve at 5:53 AM on March 30, 2015
posted by whatideserve at 5:53 AM on March 30, 2015
I ALWAYS go directly through the other party's insurance. My ex and his parents/siblings were all in insurance. I'm sure this is where I picked up that advice.
However. I know the law and what I'm entitled to (repairs, medical,rental car) and I'm comfortable aggressively advocating for myself.
I'm curious why your insurance company thinks they can't recover your deductible? I smell bullshit.
Also, you were hit by a car going 40 miles per hour? Are you sure no one in your car was injured? Soft tissue damage generally takes a few days to show up. If you develop pain, you will need some kind of physical therapy. Honestly? This is why people hire accident lawyers.
Your insurance company sounds kinda half assed, and no, they are generally not on your side - they really only represent themselves.
Think carefully before you make any legal statements to anyone. If you or a passenger needs medical attention, go to a doctor and hire an accident attorney. Good luck.
posted by jbenben at 6:54 AM on March 30, 2015
However. I know the law and what I'm entitled to (repairs, medical,rental car) and I'm comfortable aggressively advocating for myself.
I'm curious why your insurance company thinks they can't recover your deductible? I smell bullshit.
Also, you were hit by a car going 40 miles per hour? Are you sure no one in your car was injured? Soft tissue damage generally takes a few days to show up. If you develop pain, you will need some kind of physical therapy. Honestly? This is why people hire accident lawyers.
Your insurance company sounds kinda half assed, and no, they are generally not on your side - they really only represent themselves.
Think carefully before you make any legal statements to anyone. If you or a passenger needs medical attention, go to a doctor and hire an accident attorney. Good luck.
posted by jbenben at 6:54 AM on March 30, 2015
I know a lot of people say don't go through the other person's insurance, but I did and I don't regret it. The Other Driver's insurance paid my deductible quickly (directly to me), and my insurance cut a check to me for the value of the car (it was totaled). My insurance went after Other Driver's insurance to get their money back.
When you call the OD's insurance company, be very matter of fact about what happened, and don't budge on any part of your story. Mine was more complicated than yours, but it became an open and shut case when I sent the insurance agency pictures. As I understand it, a rear end accident is always the fault of the person who did the rear-ending, so this should be pretty simple. Be sure to ask about rental car coverage - I didn't have it, but OD's insurance covered it anyway. Try to avoid getting a rental car until you've had that set up because they may have deals with specific companies.
OD's insurance will ask if you've seen a doctor, if you have any injuries, etc. They're trying to get you to waive your rights to sue, so don't agree to that unless you are 1000% sure you and your passengers are completely fine.
posted by desjardins at 8:43 AM on March 30, 2015
When you call the OD's insurance company, be very matter of fact about what happened, and don't budge on any part of your story. Mine was more complicated than yours, but it became an open and shut case when I sent the insurance agency pictures. As I understand it, a rear end accident is always the fault of the person who did the rear-ending, so this should be pretty simple. Be sure to ask about rental car coverage - I didn't have it, but OD's insurance covered it anyway. Try to avoid getting a rental car until you've had that set up because they may have deals with specific companies.
OD's insurance will ask if you've seen a doctor, if you have any injuries, etc. They're trying to get you to waive your rights to sue, so don't agree to that unless you are 1000% sure you and your passengers are completely fine.
posted by desjardins at 8:43 AM on March 30, 2015
I was rear-ended once by a driver with no insurance, so I had to go through my insurance company and pay the $500 deductible. My insurance company went after the other driver and about a year later I got a check for the amount of the deductible.
posted by Dolley at 8:47 AM on March 30, 2015
posted by Dolley at 8:47 AM on March 30, 2015
"the opposing insurance company will do everything they can to avoid paying out the full amount, or expeditiously handling things."
That has not been my experience at all. I could perhaps see that happening if there was a question about fault, but neither of the two accidents I've had in the last 10 years were my fault. In both cases, the other driver admitted liability, and in both cases I went through their insurance, and in neither case did I have any problems. In the OP's scenario, and in one of mine, the other driver was *clearly * at fault de facto, even if they hadn't admitted liability, because they rear-ended someone. This should be cut and dried.
I certainly don't have the funds right now to shell out $500 and wait a year to get it back. I don't think this is necessary for the OP to do.
posted by mysterious_stranger at 1:34 PM on March 30, 2015 [1 favorite]
That has not been my experience at all. I could perhaps see that happening if there was a question about fault, but neither of the two accidents I've had in the last 10 years were my fault. In both cases, the other driver admitted liability, and in both cases I went through their insurance, and in neither case did I have any problems. In the OP's scenario, and in one of mine, the other driver was *clearly * at fault de facto, even if they hadn't admitted liability, because they rear-ended someone. This should be cut and dried.
I certainly don't have the funds right now to shell out $500 and wait a year to get it back. I don't think this is necessary for the OP to do.
posted by mysterious_stranger at 1:34 PM on March 30, 2015 [1 favorite]
I think you shouldn't go through your insurance because it was not your fault. If you decide to go through your insurance, your premium will also increase.
posted by thankits at 12:32 PM on May 7, 2015
posted by thankits at 12:32 PM on May 7, 2015
« Older What are jobs that a game designer can transition... | Visions of strangers attacking her son. Newer »
This thread is closed to new comments.
Also, your deductible should be recouped by your insurance -- they'll make Traveler's pay it -- and you'll get a check for the full amount of your deductible, either from Traveler's or directly from your insurance company. It may take a few months, but you should get it.
If your rates do go up because you were in an accident that wasn't your fault, I'd suggest getting a new insurance company. I've had State Farm for 20+ years and they've been excellent at handling things and not raising my rates for claims that weren't my fault. My State Farm agent (who I can call and talk to on the phone personally whenever I need to) would never tell me to go through the other person's insurance; you pay for insurance so they handle these things and you don't have to.
posted by erst at 10:16 PM on March 29, 2015 [11 favorites]