Truck accident, their fault. Whose insurance to file with?
September 8, 2023 10:16 AM Subscribe
Say a stopped family car (A) is struck by a commercial tractor-trailer (B). It's very clearly the truck's fault, no injuries but substantial vehicle damage. Both sides are insured. Which insurance should the car driver file a claim with? Does it make a difference?
Online sources say to be sure to "tell" your personal insurance company about any accident, but aren't clear on where the claim should actually be filed (and most insurance companies don't actually have a casual way to inform them without formally filing a claim).
Between filing with A's personal insurance and having them pursue reimbursement from B's insurance, or filing directly with B's insurance, is one pathway likelier to result in a fair payout? Does this change depending on the quality or terms of the policy with A (or the quality of A as a company)? Related, is it possible to switch back and forth after filing an initial claim with one side's insurance or the other?
I feel like this shouldn't be so hard to find clear non-listicle information about, but well, it's 2023 and this is the internet we've got. Any insights much appreciated. Thanks!
Online sources say to be sure to "tell" your personal insurance company about any accident, but aren't clear on where the claim should actually be filed (and most insurance companies don't actually have a casual way to inform them without formally filing a claim).
Between filing with A's personal insurance and having them pursue reimbursement from B's insurance, or filing directly with B's insurance, is one pathway likelier to result in a fair payout? Does this change depending on the quality or terms of the policy with A (or the quality of A as a company)? Related, is it possible to switch back and forth after filing an initial claim with one side's insurance or the other?
I feel like this shouldn't be so hard to find clear non-listicle information about, but well, it's 2023 and this is the internet we've got. Any insights much appreciated. Thanks!
Best answer: Your insurer. If nothing else, they're likely more interested in keeping your business.
posted by sagc at 10:25 AM on September 8, 2023 [2 favorites]
posted by sagc at 10:25 AM on September 8, 2023 [2 favorites]
Best answer: By carrying your own collision insurance, you have the privilege of letting your company's lawyers deal with the other company for you in this situation. Ask your agent about the details, but be aware that they might prefer to avoid this work and might press you to handle it on your own.
posted by fritley at 10:28 AM on September 8, 2023 [3 favorites]
posted by fritley at 10:28 AM on September 8, 2023 [3 favorites]
Best answer: If you file with yours and you have collision insurance, you can immediately start the process to get it fixed. Afterwards, it's only the payment of the deducible that matters after the process completes, because your insurance company is going to fight it out with their insurance on who is paying for everything.
If you file against their insurance, you need to wait for them to decide they are going to pay you anything, which could be weeks/months/years.
posted by Back At It Again At Krispy Kreme at 10:30 AM on September 8, 2023 [2 favorites]
If you file against their insurance, you need to wait for them to decide they are going to pay you anything, which could be weeks/months/years.
posted by Back At It Again At Krispy Kreme at 10:30 AM on September 8, 2023 [2 favorites]
Best answer: Yeah this is what you pay your insurance company for. Make it their problem.
posted by restless_nomad at 10:47 AM on September 8, 2023 [7 favorites]
posted by restless_nomad at 10:47 AM on September 8, 2023 [7 favorites]
Best answer: Driver A should call Insurance Company A and let them handle it. Assuming Driver A got Driver B's information at the time of the accident, Driver A can give Driver B's information to Insurance Company A when Driver A makes the claim. Insurance Company A will then handle the repair of Vehicle A, with the required estimates and body work and any medical care. After Insurance Company A starts the claim it will subrogate its expenses to Insurance Company B, whether or not Driver B reported the collision to them. If Driver A has uninsured motorist coverage with Insurance Company A, then Driver A will be covered even if it turns out that Driver B didn't have insurance, had inadequate insurance, or gave Driver A bogus info. (What if Driver B was a kid in a stolen Kia, for example? There is no other insurance company for Driver A to call in that case.)
Basically, Driver A should always call Insurance Company A, which is part of why Driver A even pays for insurance. If Driver A has rental car coverage with Insurance Company A, then Driver A won't lose the use of a vehicle while Vehicle A is being repaired. If Driver A tries to go through Insurance Company B directly, they may not have access to a rental car that way, at least not without a fight. If Driver A is paying for that benefit, the only way to make use of it is to go through Insurance Company A.
People often believe that if you don't report a collision to your insurance company your rates won't go up. But nowadays all the insurance companies subscribe to incident reporting services that aggregate data from police reports and body shops and you can't really hide. Carfax is the consumer version of this data. If the car's been repaired by a body shop that takes anybody's insurance for anything, then all the insurance companies will know that car has been involved in an incident. Also the car is basically a financial instrument on wheels, and if you have a car loan you'll be required by the terms of the loan to repair it the "right" way, so you can't just take it to the guy on a corner lot who only takes cash. If you own the car outright and the damage is minimal, sure, take it to that guy and pay out of pocket. But if a bank technically owns the car, you have to follow the bank's rules, and again that means call your insurance.
posted by fedward at 10:57 AM on September 8, 2023 [2 favorites]
Basically, Driver A should always call Insurance Company A, which is part of why Driver A even pays for insurance. If Driver A has rental car coverage with Insurance Company A, then Driver A won't lose the use of a vehicle while Vehicle A is being repaired. If Driver A tries to go through Insurance Company B directly, they may not have access to a rental car that way, at least not without a fight. If Driver A is paying for that benefit, the only way to make use of it is to go through Insurance Company A.
People often believe that if you don't report a collision to your insurance company your rates won't go up. But nowadays all the insurance companies subscribe to incident reporting services that aggregate data from police reports and body shops and you can't really hide. Carfax is the consumer version of this data. If the car's been repaired by a body shop that takes anybody's insurance for anything, then all the insurance companies will know that car has been involved in an incident. Also the car is basically a financial instrument on wheels, and if you have a car loan you'll be required by the terms of the loan to repair it the "right" way, so you can't just take it to the guy on a corner lot who only takes cash. If you own the car outright and the damage is minimal, sure, take it to that guy and pay out of pocket. But if a bank technically owns the car, you have to follow the bank's rules, and again that means call your insurance.
posted by fedward at 10:57 AM on September 8, 2023 [2 favorites]
Best answer: The short answer is, it doesn't matter. You won't get a different result by doing one or the other. If B is at fault, their insurance is going to pay one way or the other. It's not like they'll pay more because they enjoy working with A's insurance company or something. They're paying a bill; it's not a negotiation.
The somewhat longer answer is that it might be a little better from a customer service perspective if you go through A's insurance and they subrogate. (That's insurance jargon for A getting B to pay.) Theoretically, you're paying A, so they should be nicer to you. But practically, customer service is customer service. B has good customer service, they'll be nice to you even though you're not paying them. And if A has crappy service, they won't be helpful even though you are. But if you have a local agent rather than going through the company directly, the agent will hold your hand through the process, and can be rather more effective at getting information from the company. This is one of the major advantages of local agents.
is it possible to switch back and forth after filing an initial claim with one side's insurance or the other?
Sort of. You can't "switch back and forth", but what'll happen is that, if you file with A's insurance, A's insurance will then file a second claim with B's insurance. So you'll have two claims, but since A's insurance is the one who opened the claim with B's insurance, B's insurance will pay A's insurance, and A's insurance will pass that along to A. But from a paying-for-things perspective, it's going to be B's insurance who signs all the checks.
most insurance companies don't actually have a casual way to inform them without formally filing a claim
That's not an oversight. Insurance is pretty highly regulated, and there are reporting requirements. Insurance companies are super corporate and have strict rules. Any method of contact leaves a paper trail - phone calls are recorded, emails and web contact forms leave written documentation. If there's a lawsuit later on about this, all that will be evidence, and can expose the company to liability. As a result, they're super formal about documenting any claim talk.
That's not to say there's *no* way to casually inform someone about an incident. Your agent is not an employee of the company (usually). They do have reporting requirements, but because their business is smaller and less formal, there's more plausible deniability. You could ask a "hypothetical" about your "friend", for example, and your agent can reasonably claim that they didn't connect the dots. You probably shouldn't do this, but it's another benefit to having an independent agent.
this shouldn't be so hard to find clear non-listicle information about
Again, this is regulatory, quite similar to how lawyers always give the "IANYL" disclaimer, and also because laws vary by state. But also, see my first sentence above. There's not really a wrong way to do it.
posted by kevinbelt at 11:20 AM on September 8, 2023
The somewhat longer answer is that it might be a little better from a customer service perspective if you go through A's insurance and they subrogate. (That's insurance jargon for A getting B to pay.) Theoretically, you're paying A, so they should be nicer to you. But practically, customer service is customer service. B has good customer service, they'll be nice to you even though you're not paying them. And if A has crappy service, they won't be helpful even though you are. But if you have a local agent rather than going through the company directly, the agent will hold your hand through the process, and can be rather more effective at getting information from the company. This is one of the major advantages of local agents.
is it possible to switch back and forth after filing an initial claim with one side's insurance or the other?
Sort of. You can't "switch back and forth", but what'll happen is that, if you file with A's insurance, A's insurance will then file a second claim with B's insurance. So you'll have two claims, but since A's insurance is the one who opened the claim with B's insurance, B's insurance will pay A's insurance, and A's insurance will pass that along to A. But from a paying-for-things perspective, it's going to be B's insurance who signs all the checks.
most insurance companies don't actually have a casual way to inform them without formally filing a claim
That's not an oversight. Insurance is pretty highly regulated, and there are reporting requirements. Insurance companies are super corporate and have strict rules. Any method of contact leaves a paper trail - phone calls are recorded, emails and web contact forms leave written documentation. If there's a lawsuit later on about this, all that will be evidence, and can expose the company to liability. As a result, they're super formal about documenting any claim talk.
That's not to say there's *no* way to casually inform someone about an incident. Your agent is not an employee of the company (usually). They do have reporting requirements, but because their business is smaller and less formal, there's more plausible deniability. You could ask a "hypothetical" about your "friend", for example, and your agent can reasonably claim that they didn't connect the dots. You probably shouldn't do this, but it's another benefit to having an independent agent.
this shouldn't be so hard to find clear non-listicle information about
Again, this is regulatory, quite similar to how lawyers always give the "IANYL" disclaimer, and also because laws vary by state. But also, see my first sentence above. There's not really a wrong way to do it.
posted by kevinbelt at 11:20 AM on September 8, 2023
Best answer: I think we all have this idea that we should avoid filing our insurance so our rates don't go up, but this isn't a case where you are trying to avoid your insurance company knowing you did something wrong. And in the case where the other insurance company doesn't want to pay or tries to assert you are at fault, your insurance company can do the work to get the money. Make it easy on yourself by calling your insurance company.
posted by bluedaisy at 11:41 AM on September 8, 2023 [2 favorites]
posted by bluedaisy at 11:41 AM on September 8, 2023 [2 favorites]
Best answer: You file with yours, and your insurance and theirs (likely multiple insurers and entities) sort it out.
My parked car was hit by a rental truck. The truck driver had insurance. The truck driver's employer had insurance. And the rental truck's owner had insurance.
My insurance dealt with these three parties, who all had to sort out who was on the hook for what.
I got my car fixed immediately, minus deductible. And when the whole mess was sorted out many months later, I got my deductible back.
tl;dr: file with your insurer so they can do this for you.
posted by zippy at 11:53 AM on September 8, 2023 [2 favorites]
My parked car was hit by a rental truck. The truck driver had insurance. The truck driver's employer had insurance. And the rental truck's owner had insurance.
My insurance dealt with these three parties, who all had to sort out who was on the hook for what.
I got my car fixed immediately, minus deductible. And when the whole mess was sorted out many months later, I got my deductible back.
tl;dr: file with your insurer so they can do this for you.
posted by zippy at 11:53 AM on September 8, 2023 [2 favorites]
When the "whose insurance" question came up when someone hit my car, I asked my insurance agent what the differences would be.
In our case, there were certain categories of $ claims that I could pursue against their insurance but not my insurance (maybe it was lost wages? I can't recall). My agent also helpfully told me what the process flowchart was so I could try one and then switch if I had to. The agent also let me know about how reputable the other company was (helpful in gauging how cooperative they would be).
But your mileage will vary. I take it these things are very specific to whichever state, company, policy, even agent or accident...Ask your insurance rep and see what they say?
Sidenote: I sometimes regret not getting a lawyer for dealing with their insurance company, though who knows if that would have gotten better results. Maybe do a consultation to see what your options are.
Good luck and safe(r) travels!
posted by Sockin'inthefreeworld at 1:26 PM on September 8, 2023
In our case, there were certain categories of $ claims that I could pursue against their insurance but not my insurance (maybe it was lost wages? I can't recall). My agent also helpfully told me what the process flowchart was so I could try one and then switch if I had to. The agent also let me know about how reputable the other company was (helpful in gauging how cooperative they would be).
But your mileage will vary. I take it these things are very specific to whichever state, company, policy, even agent or accident...Ask your insurance rep and see what they say?
Sidenote: I sometimes regret not getting a lawyer for dealing with their insurance company, though who knows if that would have gotten better results. Maybe do a consultation to see what your options are.
Good luck and safe(r) travels!
posted by Sockin'inthefreeworld at 1:26 PM on September 8, 2023
I mean, this literally happened to me on Sunday, (parked car, a back up oopsie)and I put in a claim with my insurance and they said in no uncertain terms, I don't know why you are calling us? Then sent me on my merry way to call the driver's insurance.
Now they did say to let them know if the Driver's insurance tried to balk on paying, but since this was a clear case of not my fault they weren't going to do anything.
posted by aetg at 2:01 PM on September 8, 2023 [1 favorite]
Now they did say to let them know if the Driver's insurance tried to balk on paying, but since this was a clear case of not my fault they weren't going to do anything.
posted by aetg at 2:01 PM on September 8, 2023 [1 favorite]
My experience a number of years ago in NY was like aetg's -- call us if the at-fault driver's company doesn't act, otherwise, we don't need to be involved.
posted by aught at 2:25 PM on September 8, 2023
posted by aught at 2:25 PM on September 8, 2023
You may be insured, but what level insurance did you buy? Just liability, collision, or comprehensive?
If you're just liability, and the other side already admitted fault, then you probably don't have to involve your own insurance, since your liability is not relevant.
If you have collision (for your own vehicle), then you *may* want to involve your own insurance as you can pick where you want it fixed, faster adjusters, etc. then your insurance will "negotiate" with the other side (jargon: subrogate the claim) by paying for your repairs first, and get paid by the otherside. Even if the other side dragged their heels your vehicle is still back on the road ASAP.
(Comprehensive is for stuff that's not your fault, but doesn't involve a vehicle, like a tree falling on it)
posted by kschang at 4:24 PM on September 8, 2023
If you're just liability, and the other side already admitted fault, then you probably don't have to involve your own insurance, since your liability is not relevant.
If you have collision (for your own vehicle), then you *may* want to involve your own insurance as you can pick where you want it fixed, faster adjusters, etc. then your insurance will "negotiate" with the other side (jargon: subrogate the claim) by paying for your repairs first, and get paid by the otherside. Even if the other side dragged their heels your vehicle is still back on the road ASAP.
(Comprehensive is for stuff that's not your fault, but doesn't involve a vehicle, like a tree falling on it)
posted by kschang at 4:24 PM on September 8, 2023
When my parked car was hit by another car on an ice-covered hill, my insurer told me to work it out with the other insurer, whose client admitted she was entirely at fault. YMMV, but just offering a counterpoint to some of the advice you have received earlier in this thread.
posted by They sucked his brains out! at 4:47 PM on September 8, 2023
posted by They sucked his brains out! at 4:47 PM on September 8, 2023
Yeah, I had a doube-backing up accident at the Ballard Market in late July. Woman admitted it was her fault, (it was, I saw her coming and stopped). Her insurance essentially denied it. Ugh.
Insurance is so bogus. But, call your insurance. Make them pay for what you are paying for, ugh again.
posted by Windopaene at 4:55 PM on September 8, 2023
Insurance is so bogus. But, call your insurance. Make them pay for what you are paying for, ugh again.
posted by Windopaene at 4:55 PM on September 8, 2023
If you could ever plausibly have a valid claim on your own policy, always notify your insurance company of any loss. Your policy almost certainly requires the company be notified within a reasonable time (and possibly a more well defined period than that) for the claim to be paid. Never, ever even think about giving an insurance company any possible excuse to not pay a claim.
Also, while this could be specific to the area I'm in, commercial insurance companies are asshats and will totally drag their feet. When I was hit by a bus while driving a rental car it took nearly a year for them to finally pay out the claim despite it being rather cut and dry given the driver, the bus full of witnesses, and the driver's supervisor who arrived at the scene after the fact all agreeing that the collision was in fact the driver's fault. (It literally took over an hour for the cop who responded to take all the witness statements, so the evidence was pretty fucking overwhelming!)
Thankfully, it was all property damage and the agency decided very early on they no longer wanted to do business with me, so I had zero qualms about telling them to fuck all the way off when they tried to bill me for the damage after a month or so had passed without the insurance company paying out, so I wasn't out several grand in the interim. Also thankfully, nobody was injured despite the fact that a coach bus collided with a tiny hatchback.
posted by wierdo at 6:31 PM on September 8, 2023 [1 favorite]
Also, while this could be specific to the area I'm in, commercial insurance companies are asshats and will totally drag their feet. When I was hit by a bus while driving a rental car it took nearly a year for them to finally pay out the claim despite it being rather cut and dry given the driver, the bus full of witnesses, and the driver's supervisor who arrived at the scene after the fact all agreeing that the collision was in fact the driver's fault. (It literally took over an hour for the cop who responded to take all the witness statements, so the evidence was pretty fucking overwhelming!)
Thankfully, it was all property damage and the agency decided very early on they no longer wanted to do business with me, so I had zero qualms about telling them to fuck all the way off when they tried to bill me for the damage after a month or so had passed without the insurance company paying out, so I wasn't out several grand in the interim. Also thankfully, nobody was injured despite the fact that a coach bus collided with a tiny hatchback.
posted by wierdo at 6:31 PM on September 8, 2023 [1 favorite]
Rear ending, their fault, my insurer expressed a certain disdain and I had full coverage. Went through the other insurer directly, no complaints.
posted by How much is that froggie in the window at 6:38 PM on September 8, 2023
posted by How much is that froggie in the window at 6:38 PM on September 8, 2023
YMMV but my insurer was hesitant for me to file a claim when i was rear-ended. 'Call his insurer'.
Me? What am I paying you for then?
posted by 922257033c4a0f3cecdbd819a46d626999d1af4a at 7:24 PM on September 8, 2023
Me? What am I paying you for then?
posted by 922257033c4a0f3cecdbd819a46d626999d1af4a at 7:24 PM on September 8, 2023
I am in the middle of dealing with this: a driver backed into me (I was stopped) in a parking lot. We are both insured by the same (lousy) company. We exchanged information and I called the police to report it. Officer came out and investigated. My right front panel and door were crunched; he had no damage to his bumper.
Insurance company first ruled that we each should pay our own damages. I argued that he was at fault; the insurance company claimed there had been no investigation because the report filed was listed as an "Incident Report" (which indicated to them that no officer had investigated; the accident had simply been reported by phone). Long story short, I ended up not only supplying them with the Incident Report (which said he was at fault), but also contacting the police department records supervisor and writing to the insurance company and having them contact the records supervisor to verify that an investigation had been completed.
In the end, they ruled him liable. There were other mistakes made that I had to fight with them over, so once my car is fixed, I'll be moving to another company. The offending company? State Farm.
My advise in the same situation (same insurer)? File the report online under the other guy's insurance policy number.
posted by summerstorm at 10:51 PM on September 12, 2023
Insurance company first ruled that we each should pay our own damages. I argued that he was at fault; the insurance company claimed there had been no investigation because the report filed was listed as an "Incident Report" (which indicated to them that no officer had investigated; the accident had simply been reported by phone). Long story short, I ended up not only supplying them with the Incident Report (which said he was at fault), but also contacting the police department records supervisor and writing to the insurance company and having them contact the records supervisor to verify that an investigation had been completed.
In the end, they ruled him liable. There were other mistakes made that I had to fight with them over, so once my car is fixed, I'll be moving to another company. The offending company? State Farm.
My advise in the same situation (same insurer)? File the report online under the other guy's insurance policy number.
posted by summerstorm at 10:51 PM on September 12, 2023
This thread is closed to new comments.
posted by Lyn Never at 10:24 AM on September 8, 2023 [17 favorites]