Doing business with your own insurance company after a car crash
can be time-consuming and a hassle. Just imagine what it's like to
deal with the insurance company of someone else who crashed into
your car. Here are some tips to ensure you maintain your cool —
and your sanity — when making a claim with the at-fault person's
insurer.
The driver who crashes into your car is responsible for informing
his or her insurance company about the incident. However, it's a
good idea for you to call his or her insurer because motorists who
cause accidents often may be reluctant reporters. So, it is
important that you obtain the most complete insurance 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.
Theory vs. reality
Auto insurance, in the simplest terms, is a contract between a
motorist and a company in which the company agrees to pay for
damages or losses its insured motorist causes. If a motorist
damages your car and injures you, his or her auto insurer is
responsible for paying you for your damages and injuries.
Theoretically, all you should have to do is notify the other
party's insurer of your damages and injuries, take the car to a
body shop, go to the doctor, and expect the insurer to pay your
bills.
Theories are not always put into practice, however. Insurance
companies often say you must obtain their authorization to go
ahead with vehicle repairs and injury treatments. Taking matters
into your own hands can create a payment problem down the road if
the insurance company claims adjuster says, "I didn't authorize
that." So at least get the insurance company to accept liability
before going ahead with repairs. You'll want to get the
authorization in writing, so ask the insurer to fax it to you in
order to expedite the repairs.
Pick your battles
Another person's insurer also might say you need to seek payment
from your own insurer because it has no evidence of its
policyholder's fault. This is why it's a good idea to notify your
insurer immediately after the crash. Although most states have
made it illegal for insurers to deny claims without reasonably
investigating the facts, or to deny claims when its liability is
reasonably clear, you might not be interested in fighting the
other person's insurance company.
Hiring a lawyer if you decide to take on the at-fault driver's
insurer may be a good idea, especially if you've been seriously
injured. (Read When to hire a personal injury lawyer for more on
that.) An attorney can help you navigate the sometimes-murky laws
that govern insurance. But keep in mind that if you hire an
attorney, he or she will take a cut of the settlement he or she
helps secure.
When the other driver lies
You might have evidence of the other driver's fault — they may
even have admitted it at the scene — yet find your claim denied by
his insurance company. Why? Because he's told a version of how the
accident happened that doesn't square with yours, and his insurer
is standing behind that story all the way 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."
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."
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