Any car accident, even if there are no injuries, is a headache and a hassle. However, that doesn’t even begin to describe the problems you may encounter if your car is damaged in an accident AND the accident was not your fault. What do you do? How do you deal with the insurance company of the person who just crashed into your car?
First Steps
You’ve had an accident. No one is hurt, but your car is damaged, and you feel the accident was not your fault. What now? The first step is twofold: try to keep your cool and then get the name and address of the at-fault driver. You will now be making what is called a third party claim. The at-fault driver has the responsibility of reporting the accident to his or her insurer. However, you should also call the at-fault driver’s insurer because a person who caused an accident is not always so anxious to report it.
After an accident, you should also call the police, who may issue a ticket on the at-fault driver. The police report may later disagree with the report of the at-fault driver’s insurer. After a car accident, you should also take pictures of the scene and talk to any witnesses if possible. On-the-scene photos and witness descriptions can sometimes help to prove your claim that the other driver was at fault.
Insurance Coverage
After a car accident, it is also a good idea to call your own insurer to report the accident even though you are claiming no fault. In addition, with certain types of insurance, you may be able to make a claim with your own carrier. For instance, if you have collision insurance, your own carrier will pay for repairs or the loss of your car. This is usually the fastest way to get your car repaired. Your own insurance company will pay for the repairs even though you are not at fault. You will have to pay the collision deductible, but that money may be returned to you when and if your insurer settles the claim with the at-fault driver’s company.
When the other driver’s insurance company accepts fault, you will be paid by his or her liability coverage. Usually, the insurance company will pay a standard amount for repairs. However, it may take days or weeks for the at-fault driver’s company to accept the claim, and, therefore, your car may not be repaired for a long time.
If the driver who causes the accident does not have insurance, your own policy under uninsured motorist coverage can take care of repairs. Under some circumstances, you will be responsible for a deductible.
If your car is totaled in the accident, the insurance company will compare the fair market value of your car, meaning what amount of money your car would have sold for before the accident, with the amount of money necessary to repair your car. The insurance company will pay you the lesser amount, you can accept the decision and sign your car over to the insurance company, or you can accept the total loss amount minus the salvage value and keep your car.
Rental Cars
If you have been involved in an accident caused by another driver, you should be reimbursed for any costs that appear as a result, such as being without a car for a period. The at-fault driver’s insurance company may pay only a certain amount of rental car costs. In that case, the best advice is to rent at a reasonable cost. In addition, the insurer may claim to pay for a rental for only a specified time. Make sure that you follow up with the shop that has your car so that it is repaired as quickly as possible.
Personal Injury Law Firm
If you are in a car accident that is not your fault and you decide to fight the other driver’s insurer, you will need an experienced lawyer to help you through the often complicated world of car insurance. Contact us – the Doan Law Firm – and let our experience help to ease the problem. It is our job to deal with the complicated world of car insurance and insurers, and we are open 24 hours a day, seven days week to do so. We offer free phone consultation and charge no fees unless and until we win. Involvement in a car accident, especially when you are the victim, can be a traumatic experience at best. Contact the Doan Law Firm and let us work for you.