In a perfect world (or even in a not-so-perfect world where
accidents happen), an auto insurance accident claim would go
smoothly. Unfortunately, there are countless scenarios that can
throw you for a loop.
You can take precautions and avoid hassle by knowing what to do
after an accident. Here are the answers to six common car-accident
scenarios so you can curtail trouble before it starts.
Scenario No. 1
You slide on a slippery road and drive into a guardrail, damaging
your vehicle.
What you should do: Notify your insurer and file a claim on
your collision insurance to cover the damage to your vehicle. Even
though it was a one-car accident, call the police to file an
accident report. A police report will provide documentation of the
crash, and this will make filing your claim easier. It's best to
call the police when your vehicle is still at the scene of the
accident, but if a phone is not nearby, call the police as soon as
possible.
The National Association of Independent Insurers (NAII) says that
in general, you may not receive a premium increase if you make a
claim on your collision insurance because you did not cause the
accident. However, if this is one of several claims you have made
in the past couple of years, your insurance company may raise your
premium if it has not done so already.
Also, an insurance company may also raise your rates if it finds
that you were not taking precautionary measures while driving in
the slick road conditions. For example, if the police report says
you were speeding on the slippery road, your insurance company may
find you partially at fault, and thus raise your rates.
If you don't have collision insurance, you'll have to pay the bill
yourself.
Scenario No. 2
Your vehicle is hit from behind at a stop sign. The other driver
is found at fault. You exchange insurance information at the
scene, but the other driver does not report the claim to his
insurance company.
What you should do: Along with exchanging information with
the other driver at the scene, such as address, phone number, and
insurance policy information, be sure to get the phone number of
his insurance agent or the insurance company's claim number. That
way, you can contact his insurer directly if he is negligent in
doing so.
Scenario No. 3
You are hit by an uninsured motorist and you do not have uninsured
motorist insurance coverage.
What you should do: You have few options in this matter.
You can make a claim on your own collision insurance and then ask
the uninsured motorist to reimburse you for your deductible. If
they don't agree to pay you, you can sue him to get your
deductible back. If you do not have collision insurance, your only
option is to ask the other driver to pay for damages. Again, if he
doesn't pay you, you can take him to court.
If there are injuries involved, you can also sue the other driver
to pay for your medical expenses and pain and suffering. However,
some states have no-fault restrictions in which you cannot sue the
other driver unless your medical expenses or pain and suffering
reach a certain dollar level. (For a list of these states and
their respective limits, read No-fault restrictions on
pain-and-suffering lawsuits.)
Scenario No. 4
You walk out from a shopping mall and find a small dent in your
car in the parking lot. Somebody hit your car and neglected to
leave a note.
What you should do: If it's a small dent, you probably
don't want to report it to your insurance company. Not only would
you face the risk of your premium increasing, but you may have to
pay a deductible that's more than what it would cost to fix your
car.
Filing claims on several minor accidents may result in a premium
increase. So if it costs $600 to fix your dent, and your policy
has a $500 deductible, you might be wise to fix the dent out of
your own pocket, rather than risk filing another claim and seeing
your premiums go up
Scenario No. 5
You are carpooling with four other people in your car. Another
driver crashes into the rear of your vehicle and is found at
fault. The at-fault driver is carrying only the minimum bodily
injury liability insurance. One of your passenger's medical
expenses exceeds the at-fault party's coverage by $20,000.
What you should do: Most states require that you carry
Personal Injury Protection (PIP), which is coverage that pays for
medical bills, lost wages, or pain and suffering that you or any
of your passengers incur from an accident in your car, regardless
of who's at fault. (For a list of states that require PIP, read Do
you need MedPay coverage?) After the at-fault party's liability
coverage has been exhausted, your PIP coverage would kick in and
pay for the rest of the damages.
Scenario No. 6
You are hit by a motorist who is clearly at fault. He offers to
pay for the damage in cash rather than make a claim on his auto
insurance.
What you should do: If you are injured or if you even have
a hint of being injured, this is a bad idea. Never take a cash
settlement on the spot. You don't know how expensive your injuries
may turn out to be.
If you are injured, your PIP will pay for your medical expenses
and any lost wages that you may incur. Once your PIP is exhausted,
your health insurance will kick in and pay for the rest of your
expenses. If you do not have PIP or health insurance, you can sue
the other driver to pay for your medical bills, pain and
suffering, and any lost wages as a result of the crash.
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