Dealing with your car insurance
company after a car crash can be a time-consuming hassle. Now imagine
what it's like to deal with the insurance company of the person who
crashed into your car. Here are some tips to ensure you maintain your
cool — and your sanity — when making a claim with an at-fault person's
insurer.
The driver that crashes into your car is responsible for reporting the accident to his or her car insurance
company. However, it's a good idea for you to contact their insurer as
well. Motorists who cause accidents are often reluctant to report them.
So, it is important to obtain the most complete information from the
at-fault person at the scene of the accident: insurance company name,
claims phone number, address and even the insurance agent's name.
| The at-fault person's auto insurer is responsible for paying for your damage. |
You
should then inform the other person's insurer that you have been
involved in a crash with one of its policyholders and disclose your
property damages or injuries. Also, relay only the facts of the
accident, even if you believe the other driver to be at fault. The
police will ultimately determine who is at fault and the insurer will
make its determination of fault based on the police recommendation,
your commentary notwithstanding. (Here's What to do after a car accident for more on that.)
Although
you may feel that you have not caused the accident, you should contact
your insurance company anyway. This establishes your good-faith
accident-reporting effort and can aid you if the other party's insurer
denies responsibility for the accident.
Theoretically,
you should only have to notify the other party's insurer of your
damages and injuries, take your car to a body shop, visit a doctor and
expect the insurer to pay your bills.
But
theories don't always reflect reality. Insurance companies may demand
that you obtain their authorization before proceeding with vehicle
repairs and injury treatments. If the insurance adjuster doesn't
authorize a repair before you take it to the auto shop, it can create a
problem. At minimum, make certain that the insurance company has
accepted liability before going ahead with repairs. Get that
authorization in writing. Ask the insurer to e-mail or fax it to you.
If
the insurer's claims adjuster resists paying for certain car repairs or
injuries because they were not authorized, remind him that seeking
approval on every repair technique and treatment can cause unnecessary
delays, which increase the cost of your claim in the form of
vehicle-storage charges and more legwork for the adjuster.
| Insurers aren't allowed to demand you use a certain repair facility. |
In
addition, the at-fault driver's insurance company can't force you to
take your vehicle to a specific repair facility. Most states allow auto
insurers to recommend auto body shops but they aren't allowed to demand you use a certain repair facility. The choice is yours.
Another
person's insurer may also tell you to seek payment from your own
insurer because it has no evidence of its policyholder's fault. That's
another reason why you should notify your insurer immediately after the
crash. Although most states have made it illegal for an insurer to deny
claims without reasonably investigating the facts, or to deny claims
when its liability is reasonably clear, you may not want to fight the
other person's insurance company.
If you decide to fight the at-fault driver's insurer, you'll need a lawyer — especially if you've been seriously injured (read When to hire a personal injury lawyer).
An attorney can help you navigate the sometimes-murky laws that govern
insurance. But keep in mind that if you hire an attorney, he will take
a cut of any settlement he helps you get.
You
may have evidence of the other driver's fault — maybe he even admitted
it at the scene — yet you find your claim denied by his insurance
company. Why? It's probably because he told a version of how the
accident happened that doesn't square with yours. His insurer may stand
behind that story in order to avoid paying your claim.
"It
happens all the time," says Texas attorney James Holmes. "Remember, the
company's first impulse is to say 'no.' The insurance company will
wholeheartedly adopt its policyholder's position if it is favorable —
even when it is contrary to the police report."
This
is especially common in cases where no police accident report was made,
showing the importance of calling the police to the scene of any
accident. In many states, if an officer at an accident scene determines
the damage is minimal (usually less than $500), he will not make an
accident report. Body shop estimates for that same accident, however,
might run into the thousands of dollars. What now?
"You
can't make the police officer write a report," says Holmes. "The best
advice in that scenario is to do the officer's job by getting witnesses
and all the information from the other driver. Then, get that car to a
repair shop immediately, so you can minimize any questions about what
caused the damage."
Don't forget to
write down the other driver's address and policy information, along
with statements and contact information from witnesses. This way,
you'll have evidence gathered at the scene to bolster your position on
the cause of the accident.
Also, when
speaking with the at-fault person's insurer, ask them to demonstrate
how the accident could have happened as the other driver said. Or, if
it's a small enough claim and you have extra time, you can take the
other driver to small claims court. "Outside of that, the best hope
you've got is to get a lawyer," says Holmes. "Insurance companies know
that unless you've gotten serious and hired an attorney, they can tell
you 'no,' or they can say they'll get back to you. And the longer it
drags on, the longer the insurer holds onto its money and the more
likely you are to take a compromise."
Even if you're not at fault, you can make a claim with your insurance company for payment of damages and injuries.
"If
you have collision insurance, file a claim with your own carrier,"
Holmes says. "They are often more responsive and they can help you
document the claim. Sometimes, they will even pursue the claim
themselves."
That includes seeking payment
from the other person's insurer to recoup your deductible as well as
their payment to you, he says.
An
insurer also might allow you to make your claim under your uninsured
motorist coverage, although in most states UM coverage will pay only
for bodily injuries — unless you also have uninsured motorist property
damage (UMPD) coverage. Your collision coverage could also pay for
damages to your car.
Your insurance
premiums aren't necessarily going to increase at renewal time if you
make a claim under your own insurance policy for an accident that
wasn't your fault. Most state laws prohibit insurers from surcharging
policyholders or raising their premium rates for accidents in which
they weren't at fault. However, those laws do not preclude your insurer
from dumping your policy at renewal time if you've made a couple of
recent claims. If you drive in a high-risk area and are subject to
being hit, even if you are not at fault, your insurer might find you
too high a risk to insure.
There
are some states that require you to purchase personal injury protection
(PIP) and have slightly different rules for collecting for your damages
and injuries after an accident. For example, your PIP coverage pays for
your medical expenses and lost wages, even if you are not to blame for
the crash. Receiving your PIP benefits requires you to contact your own
insurance company about the accident and to make a claim under your own
insurance policy. You'll have to pay a deductible if you make a claim
under your PIP coverage.
This is mostly
the situation in "no fault" states — although the law differs in each
one. Some no-fault states give you the option of contacting the
at-fault driver's insurer to recover property-damage payments and
medical expenses not paid by your PIP. According to the Insurance
Information Institute, 12 states and Puerto Rico have "no-fault"
insurance laws: Florida, Michigan, Hawaii, New Jersey, New York,
Pennsylvania, Kansas, Kentucky, Massachusetts, Minnesota, North Dakota
and Utah. If you live in one of these states, check with your insurance
agent, or your state insurance department, for the best way to handle
third-party accident claims.
If
you miss work because of an injury you sustained in a car crash that
was someone else's fault, you can expect that person's insurance
company to pay for your lost wages. But their policy will have a limit
on the amount you can recoup for lost wages.
If
you're hit by a driver whose liability limits are not high enough to
cover all of your medical expenses and lost wages, you can make a claim
under your own uninsured motorist coverage for the remainder. If you
live in a no-fault state, your PIP coverage will pay for your lost
wages up to the limits of your coverage.
When
another driver wrecks your car beyond repair, his or her insurance
company should pay you the actual cash value of your car before it was
totaled. The industry standard definition of actual cash value is
"replacement cost" minus "depreciation." Replacement cost is the amount
of money it would take to replace your vehicle with a similar one.
Depreciation is the amount of money your car has devalued over time.
State
laws generally allow insurers to base the actual cash value of your
totaled car on the prices of similar vehicles in your area. Insurers
often hire outside sources such as ADP Claims Solutions Group or CCC
Information Services to find out the cost of similar vehicles. The
insurer also should pay for the sales tax on the new vehicle that you
purchase with the insurance money. (See What to do when your auto insurer totals your car for more information.)
Insurance
companies are always looking for ways to shave a few dollars from the
cost of a claim, and reimbursements for rental-car costs often are the
first to meet the blade. Insurance companies often tell accident
victims that they pay only a certain amount per day for rental cars. As
a victim of another person's negligence, you have the right to recoup
the costs associated with fixing the disruption you experience,
including all of the costs of renting a vehicle while your own vehicle
is unusable.
| Obtain a rental vehicle that is similar to your own and return it promptly. |
To
avoid having to pay for part of a rental, rent reasonably. Obtain a
rental vehicle that is similar to your own and return it promptly when
your own vehicle has been fully repaired. Rent a vehicle only if your
own is not safe to drive or requires extensive time in the shop. And
don't purchase a collision damage waiver from the rental company if
your own insurance policy covers damages to rental cars.
If
you rent reasonably and the insurer insists on cutting the amount of
its reimbursement, ask the insurer to put its reason in writing.
Insurers must inform you in writing of their decisions to deny or
reduce payments.
Knowing your state's prompt-payment law is beneficial. Every state's unfair claims settlement practices act outlines the time frame in which an insurer must issue you a check for your damages.
Laws
vary widely from state to state, with many simply mandating a "prompt"
payment of claims, while others specify a number of days and the
interest owed to you if the insurer fails to pay within the specified
period. One last factor to keep in mind: Unfair claims settlement
practices acts often do not extend the same rights to you if you're
making a claim against another driver's insurance as opposed to making
a claim under your own insurance policy.
Writing
a matter-of-fact letter to the at-fault person's insurer is a good way
to inform it of your expectations and rights. Telling the insurer that
you expect it to pay all reasonable costs you incur as a result of the
accident, including payment for repairs to or the total-loss value of
your vehicle, diminished value of your car, medical expenses, lost
wages, and rental-car costs will help smooth the claims process by
highlighting the insurer's responsibilities under public policy.