I was in an automobile accident and my car was totaled. It was the other driver’s fault. How should I deal with their insurance company?
Short answer: you don’t.
Many experts would advise you against speaking with the other person’s insurance company. While you do need to call your own car insurance company to report the accident, you are under no obligation to talk to the other driver’s insurance carrier.
The best way to deal with the other insurance carrier in most serious car accidents is to consult with a personal injury attorney. He or she will deal with them.
Why should you do that?
The other driver’s insurance company isn’t looking out for you. (See how to tell when you need a lawyer.)
The other insurance company isn’t your friend
Insurance companies always have a financial interest in protecting the interests of their client. And of course, they have an interest in protecting their own financial interests. They represent both interests by doing two things as much as they can:
- Denying the maximum number of car accident claims outright.
- Negotiating the lowest possible settlement possible on other car accident claims.
This boils down to the following: to reduce claims they pay, the insurance company must deny claims made.
Most car accident victims aren’t insurance adjusters or attorneys.
The insurance adjuster knows that. You’re on their home field and it’s their rules. They will use their superior knowledge of the insurance claims game against you.
Why it’s risky to talk to other insurance companies
By talking to the insurance adjuster for the other driver, there is a good chance that you are mucking up your own case. That insurance company will try to use whatever you say against you later in the claim, whether it was your fault or not. Insurance adjusters are very well trained to use what you say against you.
Look, there is no legal requirement for you to cooperate or talk to the other insurance company.
But this will rarely or ever stop that insurance company from trying to contact you. If they do, it’s a good idea to not take the call and to talk to an attorney.
When you do speak to anyone about the accident, note the details of your conversation in your post-accident journal (link opens printable PDF form).
They will want to record you
If you talk to the other driver’s insurance company, the adjuster will probably want a recorded statement. The adjuster will chat you up in a very friendly way, and say something like:
‘We can really speed up the claims process if you provide a recorded statement.’
A recorded statement may be very damaging. Sometimes, your statement may actually show that you do not have a valid accident claim. If you don’t have a claim, your injuries and property damage are on you.
The bigger problem is that a recorded statement can be used to undermine a legitimate accident claim. Here’s some sneaky ways they might do that:
- The insurance adjuster will look at the statement you give them with the statement you gave the police. They also will read over the statement you would make if the case involves a lawsuit. If they spot any inconsistencies in these statements, the claim might get denied. It’s not unusual for a person to tell the accident story slightly differently if he gives it four or five times over three months.
- Adjusters will often ask you tricky questions that can make you answer in a way that hurts your claim. Occasionally, an aggressive adjuster may push you to agree to facts that you don’t know are accurate. You might get annoyed, and say, ‘I guess so,’ to get the guy to leave you alone. That could hurt your case big time.
- If your car accident case goes to trial, the defense can use your recorded statement to the insurance company to cross examine you. That could have been months ago, and heck if you can remember what you said. Any contradiction you make with your previous statement can be very damaging. A good defense attorney will highlight the discrepancy for a jury and make hay out of it.
Let’s be fair: Not every insurance company will play games with you on the phone. But if they do try to undermine your case, it can really screw things up.
See the steps to an insurance claim settlement to get an idea of the overall process.
You don’t know your whole medical situation
If you had a serious car accident and had major injuries, your full medical diagnosis may not be complete. You could give an inaccurate portrayal of your injuries.
That’s why insurance adjusters are notorious for trying to get on the phone with car accident victims ASAP. They want to get a good idea of what the case likely is worth. This is known as a ‘reserve value.’
Once the adjuster has the reserve value in mind, good luck getting a settlement above that amount. If you talk to them without an attorney, you could give out inaccurate information that sets an artificially low reserve amount.
That boosts the odds that a lawsuit will have to be filed. Which means you could have to wait months to get paid. If you win. If you lose, you get nothing.
There are exceptions where you may talk
We’re talking car accidents and insurance companies, so there are exceptions.
If you have a minor car accident, the other driver is 100% at fault and it is clear, you might talk to the other adjuster to get the matter settled fast. You might consider doing so if the police report states the other driver caused the wreck. If the other driver was cited by the police – even better.
But if your accident and injuries involve any of the following, get a personal injury attorney involved:
- Broken bones, stays in hospitals, long term health consequences
- Medical treatments more than $2000
- Missing more than a day or two of work/school or normal activities
- Any dispute about who was at fault
- Several people were injured
- Insurance companies are playing rough
You do need to give a statement to your own car insurance company
As we noted earlier, you do have a contractual obligation to cooperate with your car insurance company.
Your insurance policy may contain language that requires you to give a recorded statement if the adjuster requests it. If they do ask, you can ask the adjuster to tell you the exact language in the contract that requires it.
Remember that your own insurance company can potentially take a position against you. So, you should think very carefully about every fact you give in a recorded statement to your insurance carrier.
But many experts would advise you to not give a recorded statement to any insurance company at all without the advice of a personal injury lawyer.
Get in touch with a personal injury attorney today if you aren’t sure about dealing with either insurance company. Our handy law firms directory can help.
Bb says
I was in a car accident an no fault of my own a man an. His wife ran a red light An the elderly man said ‘‘twas green. An his wife was his whiteness a man behind Essen the whole wreck a gave. His. Name a address to. PD aN. There insurance com called me
An I gave a statement too. Them. Over the P. An now they. Said I have t go there a talk. Tothem. Is. The. Normal
Lance Buchanan says
We’re sorry to hear about your accident, Bp. When in doubt, we recommend contacting a car accident attorney near you to find out if that’s normal and protect your legal rights. Most law firms offer a free first consultation, so there’s nothing to lose.
Angel says
So i was in a wreck last month on 29th it was a jeep full of teenage boys that did an illegal u turn full force into me and im pregnant so i went to er rignt then well a friend told me try hawk law well they domt seem to be helpin they tryin to make me go thru my insurance for them to deal wit my car and say the other persons insurance will pay my insurance back and i don’t feek i shukd have to go thru mine because i wasnt at fault they were and their insurance hasnt even spoke with them idk what to do but i need a vehicle to go to dr appts. And work which i habe been out of for a week….
Lance Buchanan says
Thanks for sharing your story, Angel. We hope you and your baby are okay after the accident. While it may seem counterintuitive, we recommend following your attorney’s advice and filing a claim with your insurance company. In certain states, like Florida, that is how accident claims are supposed to be handled — the victim files a claim with their own insurance company, then the at-fault driver’s insurance company pays the victim’s insurance company back. It may be frustrating to go through this process, but it may be necessary to obtain legal compensation depending on where you live. Ultimately, an attorney will know the best way to secure compensation under local and state law, so follow their advice. Once you file a claim with your insurance company, they may also be able to provide you with a temporary vehicle you can use for work and doctor appointments.
Ben says
Hi there, I was the victim of a car accident which left me with a severe neck strain and a mild concussion. While exiting the highway, we were waiting to go thru a green light behind a bunch of cars that were slow moving. A young man exited the highway as well, apparently just saw the green light and crashed full speed into my car hoping to catch the light. My car is likely total. The kid kept apologizing and admitted to me that he wasn’t paying attention b/c on his phone. Since I was in pain, the police did not take my statement. I went straight to the hospital. Should I add that statement on the police report or is it too late? I believe the policeman told my spouse that he cited the driver w/ reckless driving. His insurance must have talked to him since they are taking full responsibility for the accident. Also, can you ask the insurance to buy you the exact same car or do you have to accept their settlement which is likely lower than buying the exact same car at a dealer? My first car accident. Hopefully, the last one. Advice: wear your seatbelt, it saved my life. Thank you for your help.
Ian Pisarcik says
Ben,
I’m glad you were wearing your seat belt. It’s probably not necessary to add your statement to the police report since the insurer is taking full responsibility. You can always provide your statement later should the case become a lawsuit. Generally, an insurer will make a settlement offer based on their evaluation of the value of the car. However, you don’t have to just accept this amount. If they make a settlement offer that you think is lower than it should be, you can counter with a higher offer. Because you suffered injuries, I would strongly consider talking with an attorney before you accept the insurer’s settlement offer. An attorney can often get you more money than the insurer initially offers.
Sharly says
Hello,
A woman veered into my car while doing a lane change. Her SUV pushed me up against the curb. Besides damage to my door, vender and front bumper, 3 of my rims are gauged and scuffed up due to hitting the curb and her front right wheel driving into my drivers side. She got the ticket and her insurance company said they’d take care of everything. That was Nov. 11th. Today the auto collision place calls and says her ins. company isn’t paying for the wheels. She damaged them. So now I don’t know what the next step is.
Any advice would be appreciated.
Thank you
S.V.
Lance Buchanan says
Thanks for sharing your story, Sharly. That’s frustrating. We’d suggest talking with your own insurance company to find out the next best steps. If nobody was injured in the accident, then hiring a personal injury lawyer may not be needed; however, if you continue having trouble with the other driver’s insurance company you may want to schedule a free consultation with an attorney near you and see what they recommend. We wish you the best!
Jewel jencks says
I was in a car incident on December 12.i was approaching the red light in the left lane other cars was waiting at the light on my right hand side. A car came from my right hand side from a parking lot of a convenience store trying to make a left hand turn to go the opposite direction came into my lane and hit me from the passenger side.the police got my statement and verbally said she was at fault and was given a ticket for it. I filed both claims with both insurance companies. Her insurance call and wanted a recorded statement. I did. Now i realize i should have done so. Because doing the interview i could tell he was try to force words out of my mouth and when i say i didn’t see her at all until she hit me. And then he questioned if u said u didn’t see her how did u know where her she came from. I replied because that where here car came from. And also making simple mistakes like which bound where u coming from west or east bound say the wrong one, then he will. Correct me by saying u mean east bound stuff like that. So i the end of the recording statement he to me i need to talk to my people and do further investigation as to who is at fault. Like seriously and told me if i need my car fix quickly my insurance company should start fixing it until his investigation is complete. And didn’t tell me when his investigation well be complete. My common judgement is that they i trying to find ways of not taking faults or trying to get my car fix. I need advice on what to do next. Thinking of hiring a lawyer if possible
Lance Buchanan says
Thanks for sharing your story, Jewel. Unfortunately, insurance adjustors often try to trick people into saying something that gets the company out of having to pay, as you clearly experienced. While you won’t know the judgement of the insurance company until their investigation is complete, we certainly recommend consulting with an attorney in the meantime. Most lawyers offer a free first consultation, so there’s no cost to you other than your time. Plus, insurance companies are often much more likely to settle – and settle quickly – if/when they find out that an attorney is getting involved. We suggest looking for a well-rated car accident lawyer in your area. Feel free to use our free online directory to help you pick one out: https://www.enjuris.com/directory/. Good luck!
Jaime Olmeda says
Similar story. On 12/27/18 I’m at a light waiting for it to turn green in the LEFT only lane. When the light changed I proceeded to enter the intersection to make my left turn when all of a sudden a car quickly pulls up to my right side really close and side swiped my passenger side front bumper and part of the body above the front tire. He doesn’t even stop just kept going. I chase the guy and I caught him. Then I call the police and told him this guy hit/run me but I was able to catch him please send someone quick. Police arrived and take my statement and his. Jan 2, I go to pick up the report and it doesn’t say anything I mentioned to the police officer on it. No hit/run, side swiped, nothing. So I complained it’s wrong please re-do the report and put that he side swiped me and ran because the other driver is denying it to his insurance company. Officer said he can’t get him for hit/run because both of us were on scene when he arrived. But, then officer says to me that “he definitely saw my blue specs of paint on his car” (which immediately should have proven my story and the other driver should have been ticketed for leaving the scene of an accident). So I get the second report and this time it states that I was side swiped on it, but I’m a little worried because he didn’t put he left the scene. But I feel like that report should still prove he still hit me so i send the report to his insurance company to prove my claim. They call me a few hours later to tell me that the police report isn’t good and doesn’t say much and that there going to denying my claim. So what, now? Do I have to go to the police officer again and tell him I want to press charges against him and want a 3rd police report done correctly with driver side swiped and other driver left the scene?
Ian Pisarcik says
Jaime,
It sounds to me like you’re getting the run-around from the insurance company. If you’re vehicle was struck, it doesn’t matter whether the person who struck your car left the scene or not. If there are damages and you live in a fault-based state, then the person who struck your car is responsible for paying the damages. I would recommend contacting a personal injury attorney in your area and explaining your situation.
Betty F. says
I was in an accident recently where it was determined I was at fault. I can see that my insurance company paid the gentleman what is approximately the ACV of his vehicle and closed the claim a few days ago – so I’m assuming his vehicle was a total loss. Neither of us were injured and we both declined the ambulance.
Today his insurance company left me a message asking me to call them. Based on this article I don’t plan on speaking with them but was curious about why they might be calling at this point.
Lance Buchanan says
Thanks for sharing, Betty. You’re right to be wary about speaking to insurance companies. We recommend letting your insurer know that you are being contacting by the other driver’s insurance company, and also confirming that they’ve paid the claim. The other insurance company may just not yet be aware that the claim was paid, which is why they’re trying to contact you. You may also consider reaching out to an insurance dispute attorney if the matter escalates into a legal battle. For now though, it seems to us like you’ve fulfilled your legal obligations and shouldn’t have to worry.
Al says
I was recently involved in a minor accident yesterday where an older driver with a pick-up truck made a right turn (from the adjacent lane to my left) while I was waiting in the proper right turn lane to make the turn. The left mid-section of his truck clipped the front right-side bumper of my car. I believe the damage to my car will likely be around $500 (give or take), but that’s what my deductible is. So in all likelihood if I file a claim with my insurance company, I’ll just end up paying for the repairs out of my own pocket (because of the deductible in my policy). The at-fault driver is clearly him–the police deputy who showed up at the scene, even explained that much to him. So would it be better if I just contacted his insurance co. directly, show them the pics of the damages that I took, and hope for a fast and reasonable payout to cover for the damage to my front bumper? Or do I still go through my own insurance (even though they’ll likely stick me with the tab)?
Lance Buchanan says
Good question. Unfortunately, you’ll likely need to go through your own insurance company. Definitely don’t contact his insurance company directly, as they could try to get you to say something that allows them to deny the claim altogether.
Adam says
I was in an accident recently. Nobody was injured on my side, but my car was totaled. I had a green light and entered an intersection at 35 mph when a driver in the opposing lanes, who had a red arrow, got confused and made an illegal turn right in front of me. If I go thru my insurance there is a 1500 deductible (geico). Since the other driver is clearly at fault and there is a police report, should I file with his insurance to get the most money back? Are there any tips for getting the most for the car and not just kbb value? Should I threaten to contact an attorney if they are low-balling me?
Lance Buchanan says
Thanks for sharing, Adam. While we don’t have any advice on how to get the most for your car beyond the KBB value, we can say that talking with an attorney won’t hurt. Often, the first consultation is free, so there’s no cost to you — and it shows insurance companies that you mean business. Don’t try to contact the other person’s insurance company on your own because they may try to get you to say something they can use against you to deny the claim. Feel free to check out our list of attorneys if you need help finding one: https://www.enjuris.com/directory/
LeAnne says
My neighbor a couple houses down blacked out and took out both my vehicles and the neighbor between us fence. Totaled both my vehicles. I am without a ride and they are not even going to pay my vehicle off. As I still owe on one of my cars. I don’t know what to do. It looks like I am going to have to still make payments on a vehicle I can’t drive so my credit don’t go bad. Any suggestions on what to do?
Lance Buchanan says
Thanks for sharing, LeAnne. If your neighbor totaled your vehicles, their insurance should pay the full cost of the vehicles. Before you start making payments on a vehicle you can’t drive, we recommend speaking to a personal injury attorney to discuss additional legal options. They may be able to you seek further compensation from your neighbor via a lawsuit. Laws vary by state though, so be sure to find an attorney who specializes in car accident and insurance dispute law near you. Feel free to use our free online directory for a shortlist: https://www.enjuris.com/directory/
Brandy christenberry says
So I was in a wreck 11/16/2018 a girl ran through the stop sign and hit me I went to the hospital as far as the car being fixed the other persons insurance paid for that but I told my insurance I want them to handle my medical part cause I know the other persons insurance isn’t looking out for me but there clients here’s my question do my insurance is taking care of my medical so the other insurance company already admitted they were in the wrong but I o lot like dealing with my insurance company so once my insurance company takes care of the medical how does my insurance company get reimbursed does they other insurance company have to repay my insurance company for what they paid plus the other insurance company is only trying to over 1,000 dollars for the inconvenience but I stop dealing with there insurance and told mine to take over
Lance Buchanan says
Thanks for sharing, Brandy. While we can’t say for sure without knowing more details about your case, it sounds like your insurance company should pay for medical expenses and then the get reimbursed by the other driver’s insurance company. Although it sounds like you prefer to deal with your insurance company and that’s fine, do keep in mind that it doesn’t necessarily mean they’ll be looking after your best interests. The main goal of any insurance company is to make money, which sometimes means limiting payouts — even to their own policyholders. Be careful when dealing with any insurance company — not only the other driver’s insurer but your own as well. You can always talk to an insurance bad faith attorney if you feel like you aren’t being treated fairly. Good luck!
Leyon says
I was just waiting for a car parked in front of my car. A car cuts my lane and hits my front left panel, i have no time to reverse and horns when he turns right to my lane. The other party’s back right panel hits my car. His insurance company called me to claim. I gave statements and explain that the other party is at the fault. The insurance company ask me for a sketch and a clear statement of what happen. They emailed me the form and gave me no due dates. my car is not insured. May I know what to do next, sketch and gives direct statement on paper and send to them about what happen or ignore its form. Its been 2 weeks they have not called me for the form.
Ian Pisarcik says
Leyon,
I would consider meeting with an attorney in your area before providing the insurance company with any written statements or drawings. You can use this directory to locate an attorney in your area: https://www.enjuris.com/directory/. Most attorneys will provide an initial consultation free of charge.
Clarissa says
I was in a hit n run but got the person’s car plate number. turns out the person has the same insurance as me. I’m not able to use medical insurance to get medical help. the insurance company wants me to pay out of my pocket and then give them all receipts but I can’t afford plus don’t have a doctor to go to. What can I do? What are the procedures? There was no damage to my car because of older 1999 Buick I took the impact.
Ian Pisarcik says
Clarissa,
I’m sorry this happened to you. If you don’t have insurance that will cover your medical bills, you might be able to setup a payment plan with the hospital. I would recommend contacting the hospital about this option. In the meantime, I would recommend consulting with an attorney. An attorney can double check your insurance policies to see if there is available coverage (and can also talk to your insurance company). An attorney can also start a lawsuit to recover money that can then be used to pay off your medical debt.
Erika says
I was hit by a car as a pedestrian in the beginning of the month. I am luckily pretty okay. I’m just wondering what protocol is with getting Pain & Suffering from the drivers insurance company is. They’ve been trying to schedule to meet in person, but my family has said that sounds sketchy and to not meet in person. I don’t think there is enough damage to involve an attorney, but I also don’t want to make the wrong move and jeopardize what I can get. Is it normal to meet with the claims adjuster in person, or can all deals be done over the phone? Thanks!
Ian Pisarcik says
Erika,
It’s not uncommon for a claims adjuster to meet in person. One reason that a claims adjuster likes to meet in person is to get a feel for what kind of witness you would make should the case proceed to litigation. In other words, the claims adjuster wants to find out if you come across as likable, honest, and credible. The better you come across, the more incentive the insurer has to settle the case. Even though you don’t think there are enough damages to warrant an attorney, I would recommend taking the time to meet with an attorney for an initial consultation. Most attorneys will provide an initial consultation for free. You might be surprised to learn what sort of damages are available. In the meantime, take a look at our article about the various types of damages that might be available to you: https://www.enjuris.com/personal-injury-law/personal-injury-compensation.html
Tony b says
I was in the turning lane to take my son to school although I did get in there turning lane too early (the police reports stated that we were both trying to get in there turning lane too early but that she failed to yield to oncoming traffic and was inattentively driving) and my insurance said it was her fault but they have as of yet failed to respond to my insurance and if I want I can go through my insurance but I would like to have the deductible, if they fail to pay can I see her in small claims court if they refuse to pay or would I have to take it to a regular court for the entire amount ($5832) or can I just sue for the deductible only? Thanks kind regards Tony
Ian Pisarcik says
Tony,
You wouldn’t be able to sue for the full amount if your insurance pays you. Instead, the insurer would seek reimbursement. Usually, your insurance company would reimburse your deductible once they recover the full amount from the other party.
Pamela Maynor says
I was walking out of Walmart pushing my buggy. I saw a car coming from my left about 3 car lengths away not in the crosswalk but I was in the crosswalk. Before I knew it the car didn’t stop it struck my buggy and the impact threw me to the ground landing on my left hip which I kew was broken. I was taken to the hospital by ambulance. I had a Hip contusion and a strain knee. I was put on pain meds and a brace on my knee. This happened on a Saturday so I was laid up Saturday, Sunday and I missed work on Monday. This is Thursday and I still very sore in my left buttock. I have to sit on a soft cushion. My hospital and ambulance ride is around $2000. Do I need to wait to see what the insurance company will offer me? What should I ask for pain and suffering. Which I am still suffering.
Ian Pisarcik says
Pamela,
I’m sorry this happened to you. You don’t need to wait to find out what the insurer will offer you (this could take a long time). I would consider meeting with an attorney and explaining your situation. The attorney will be able to calculate your damages and make a settlement demand. In the meantime, be sure to keep all of your hospital records and consider keeping a journal to track your pain and suffering: https://www.enjuris.com/personal-injury-law/post-accident-pain-journal.html
Sarah Hannan says
How long does it typically take for the victims insurance to recoup their money from the at fault persons insurance company?
Ian Pisarcik says
Sarah,
It really depends on the case. It can be a couple of days or a couple of months. I would recommend contacting an attorney if you’re worried that your insurance company is doing something improper.
MRR says
I was involved in a collision where I t-boned a car that pulled in front of me from a stop sign. My dash cam showed the impact was a 40mph. My truck was totaled and I dealt only with my insurance on the property claim which is completely settled.
I went to the local ER after the accident as my chest was sore and bruised and my neck was painful and stiff. Fortunately my sternum was not broken. I sought treatment from a local Chiropractor for my neck pain and was released after 28 visits. My total medical bills are over $6K. These bills have been submitted to the other parties insurance but they are extremely slow in responding. I paid part of the bills as they were hounding me for payment.
So, how long does it usually take to finalize the injury portion of a claim once they have all the info? thank you advance.
Chris D says
I was in a car accident this past Tuesday, I was rear ended and 3 other cars where involved ” I did not hit any of them” after i tried to get a police report on Friday the officer said that the collision was deemed “Not Re portable”.
But all 4 cars where towed off the scene and the damages alone to my car where in excess of 4000 dollars.
I
Ian Pisarcik says
Chris,
Sometimes the police don’t file a formal report. It depends on the state and the situation. However, you might not want to take the officer’s word for it (they could be mistaken). You can file a public records request to obtain the police report. If there is no report, the public records department will be able to confirm.
Dorene says
My husband was rear ended while making a right hand turn by a college student that claimed he looked down for a second to look at his radio. He was going 40 in a 30 mph lane. My husband’s bumper was damaged, and the college student’s vehicle was not drivable, he had to call a tow truck. Someone called the police, they took a statement and said that the college student was at fault. My husband reported it to our insurance, and our insurance instructed my husband to contact the college students insurance himself. When my husband did so, the college student’s insurance said that they could not do anything until the student contacted them and gave them a statement as to what happened. My husband called our insurance back, and they told him they would not pursue the college students insurance but my husband could pay the $500 deductible to get his truck fixed and then they would try to collect from the college students insurance. If they were successful they would reimburse him the $500, otherwise the repairs would come out of our insurance. What’s the point in having a law requiring every driver to have insurance if they don’t have to report an accident to their insurance.
Ian Pisarcik says
Unfortunately, sometimes insurance companies have a difficult time getting in touch with their insureds. You might consider speaking to an attorney. Attorneys are often able to track down insureds or motivate the insurance company to do so. I certainly understand your frustration.
Nia Cooper says
I was recently in a parking lot. I was getting ready to park my car and this truck was backing out of a spot and slammed into my car causing a huge dent. He barely had a scratch on his huge truck. The fact the he caused so much damage is unnerving. Because most people don’t accelerate when backing out of a parking spot. As, you need to proceed slowly, continuing to check for cars and pedestrians.
He was completely at fault. I read that the car backing out of a parking space is typically always at fault.
Now, he’s insurance company is giving me the run around. It’s beeen almost a month. With no solution or contact, unless I call. The insurance company has been so rude and unprofessional to me. It’s causing me mental anxiety. I
What should I do?
Ian Pisarcik says
Nia,
If the insurance company is giving you the run-around, it might be time to bring in an attorney. Most attorneys will provide a free initial consultation. If you need help finding an attorney, consider using our free online directory.
Cori Jackson says
I was a passenger in a car accident in December 2018. I was in the back seat. The top of the back seat came just below neck level and had no headrest.
We were stopped at a red light and we were hit from behind.
I instantly felt pain in my neck and shoulder.
We exchanged information with the other driver but because we were in high traffic area and surrounded by cars we didnt call the police.
The other drivers insurance company called and wanted to sign off on the accident but I told them about my pain in my neck and shoulder, down my arm.
I told him I had never been in a car accident and I didnt know what to do. I needed more time because I had been a fire victim in Paradise Ca camp fire November 8th 2018 and I was confused and Had PTSD and I was in a state of shock from losing everything And my whole town and then the nightmarish events of driving through black smoke and fire trying to get out of town. So he said he would call back in a week.
I avoided his calls for at least a month. Because my neck and shoulder pain kept getting worse. The next time he called i told him I was still in pain. So he offered $300 in payment. Again I told him I needed more time.
When he finally got ahold of me weeks later I told him I was still in pain and I didn’t know what to do and I was still really confused. He offered me $500 and would pay out up to another $500 if I sent in receipts from Dr visits and he said thats all they will do.
I felt very pressured when he asked if I was ok with that. I told him i really didn’t know what to do but fine. So he recorded me saying ok. He sent me a $500 check and 2 papers to sign.
Then friends were saying not cash the check or sign those papers. Even my Dr and Chiropractor.
So He has me recorded saying yes to the amount. I am still hurting. Even more than before. Dr said its not broken but could be torn.
Anyway, is there anything I can do even though he has me recorded?
Ian Pisarcik says
Cori,
The fact that he has you recorded is probably not a problem for you. It will be more problematic if you have signed the release papers. So, if you have not signed the papers yet, do not sign them and contact an attorney to discuss your options.
Jules says
My car was parked and crashed into by someone driving reckless I was not aware in the car I filled the claim thru the at fault driver insurance company the adjuster totaled out my car but stated I have to wait to be compensated for my loss what does that mean for me to get a lawyer even though I wasn’t in the car but have the police report
Ian Pisarcik says
Jules,
Sorry you have to wait to be compensated. It often takes an insurance company a while to process a check. If you think the insurance company is ignoring you, consider reaching out to an attorney. Sometimes all it takes is a strongly worded letter.
Toma says
Hello , my son backed his jeep into a parked car when leaving our driveway. No one was in the jeep as they were in my house for a birthday party. So no injuries and the offroad number on the jeep only has scratches. The friends vehicle front drivers quarter panel is damaged and the tire is bent in . We called the insurance company the next day and reported the accident my son gave his full coverage insurance info to his insurer and in 2 weeks still nothing has been done. My friends are mad of ooarse as they need their inoperable vehicle back on the road. But it’s like pulling teeth to get the insurance company to even answer the phone. What do we do ?
Ian Pisarcik says
Toma,
Unfortunately, insurance companies are busy and 2 weeks isn’t an unusual amount of time to wait. Has the other driver contacted their insurance company? The insurance company might provide a rental car while the issue is being sorted out.
CZ says
I was In a 3 car fender bender the other day. I was Completely stopped at a red light in stand still traffic. The car behind me was also completely stopped. All of a sudden, a car hit the car behind me which sent the car behind me into my car. There was very little damage to my car, almost none at all besides a little scratch. I wasnt Going to report it because my car was almost unscathed. Her insurance (AAA) just called for a statement. Would i be Considered a witness or are they going after me even though i had No fault and wasn’t even going to report her hitting me? She doesn’t have my insurance info- just my phone number and photo of my license.
Ian Pisarcik says
CZ,
I strongly suspect the insurance company is contacting you because you’re a potential witness. The first step in a case like this would be for the insurance company (or the attorney for any party suing) to contact all the parties involved. The insurance company is likely going to want to know (1) what you saw, (2) whether the at-fault party said anything to you, and (3) whether any parties appeared injured.
Aaron says
So I was in an accident about a month ago where a driver in a large dumpster vehicle for a company was in front of me and backed into my vehicle, enough to total it and drove off. We filed a police report with several witnesses (near a courthouse). Now this is my first accident, with me, my 2yr old, and a co-worker with her daughter. I finally got a settlement offer from them and seems low to the point of insulting. How should I follow through.
Ian Pisarcik says
Aaron,
I would consider hiring an attorney to help you negotiate a settlement offer. With that being said, if you’re confident the offer is low, you can always make a counteroffer. But again, an attorney can help you put together a persuasive counteroffer.
Kim says
I was in an accident on April 21, 2019 that was the other driver fault. I was injured and so was my 9 year old I so had gotten an attorney. Mu attorney has been calling and going back and forth with the adjuster and he keeps saying he is going to get me squared away, but the adjuster won’t return any phone calls is there something i can do, because the adjuster is not responding to my attorney at all
Ian Pisarcik says
Kim,
Unfortunately, insurance companies generally move slower than people want. If an insurance company is really dragging its fee, a bad faith insurance claim might be a possibility.
D. J. says
I was in an auto accident, and my claim was denied many times. I was told they couldn’t find valid coverage for the incident. But found out it was untrue, based on false representations. I’m suing the defendant, I have an attorney who is handling my case. I was basically lied to over and over, from the other companies insurance adjuster. What can I do about this, can I sue the defendants insurance company? I would like to know about good faith, bad faith laws. Can I sue. the other insurance company, for false representations? Please let me know. Thank you.
Ian Pisarcik says
D.J.,
Take a look at our article on bad faith insurance lawsuits. Additionally, I would recommend speaking to your attorney about this issue.
Camille says
2 of my cars were parked in the street and someone fell asleep at the wheel and hit both, one was totaled and one was repaired. The other person’s insurance will not give me money for my totaled vehicle due to the insured liability limits which is $10,000. The money they are giving will only cover the cost of the repaired car. How do I recover my money for the totaled car? I had to go out and buy a vehicle to replace the totaled vehicle. Any advice? BTW, this is liberty mutual insurance company that I am dealing with.
Ian Pisarcik says
Camille,
Sorry this happened to you.
If the damages exceed the limits of the policy, you can use your underinsured policy (if you have one). Otherwise, you’ll have to sue the driver for the amount that exceeds the limits.
Greg says
my car was unattended parked at a store’s parking lot. A lady was backing with her car and hit my car. I just received the police report which states that the lady admitted to backing and hitting my car by accident. I reported this to my car insurance but they said that I should reach out to the lady’s insurance if I don’t want my premiums to go up. What should I tell them to make sure this goes smoothly and I get the money to repair my car ASAP?
Ian Pisarcik says
Greg,
I would have a copy of the police report and a copy of the repair estimates ready when you contact the insurance company. Offer to email/fax both of them over. It sounds like liability isn’t an issue. So long as the insurer doesn’t find the repair estimate too high (they may want to do their own), things should go pretty quickly.
louise underwood says
someone reversed into my car and caused lots of damage, her insurance company wants to deal with it and put the car right , should i still let my insurance company deal with it
Ian Pisarcik says
Louise,
It’s really up to you. You can either accept the insurance check from her insurance company, or you can ask your insurance company to give you a check for the damages (your insurance company would then seek reimbursement from the at-fault party’s insurance company). If the at-fault party’s insurance company is cooperating, I would let them handle it. If, however, they are being unresponsive, you’ll want to involve your insurance company.
TT says
I was in an accident where I was at fault but now the other party is falsifying the claim. I was riding a mini dirt bike on the street and hit a parked car. I hit the front fender well and there was apparent transfer paint. The car is 12 years old and the body was in poor condition, dents and scratches all over. After looking at the car with the owner, we discussed the fender well with blue transfer paint. I then pointed out another scratch and he told me that was already previously there. However, because I was riding a dirt bike, my car insurance does not cover the damage. I told the guy I would be happy to pay for the damage but when he went to the auto body shop he is now claiming the left door, bumper, and fender. When I asked for him to get a quote just for the area I damaged now he is saying that I hit all parts. His insurance is moving onward and he is paying his deductible. His insurance never contacted me for my statement… how is he allowed to claim all of this work to his car now when I didn’t damage what he is claiming?
Ian Pisarcik says
Good morning,
Generally, when an insurance claim is made, the insurer will investigate the incident (i.e., contact you) before paying the claim. However, when the claim is minor, the insurer may decide to simply pay the claim without an investigation. Nevertheless, the owner of the car can’t require you to pay for damage that you didn’t cause. One option would be to simply pay for the actual damage that you caused, and let the owner of the car file a lawsuit if he believes you owe him additional damages. Regardless, I don’t know the specifics of your situation and therefore would recommend talking to an attorney in your area.
BM says
I was involved in a minor incident in the parking lot at work. The other driver was going the wrong way down a one way and I backed into her. There is no police report because she said they would not come to an accident on private property. (I have never been involved in an accident so I wasn’t sure what to do.) She filed a claim with her insurance and the adjuster says I’m 80% liable. She’s only 20% liable for going the wrong way! I don’t feel like I need to pay for anything and no damage was done to my car so I have not contacted my insurance company. What do I need to do now?
Ian Pisarcik says
Brittney,
I would recommend reaching out to your insurance company. Presumably, you have liability insurance which will be used to pay her damages (after you pay the deductible). I would also recommend explaining to your insurance company that the other party was driving the wrong way. Your insurance company can then contact the other driver’s insurance company and argue that she was more than 20% liable. In short, your insurance company can work to reduce the damage claim.
Janette says
Hi , my car was totaled and it wasn’t my fault . The other persons insurance is paying for the remainder of the financed loan but now i am left with no car will my insurance help with that ? since i had full coverage and they are not actually paying for any of the damages ? they say i cant keep my car since the other persons insurance is paying for it ?
Ian Pisarcik says
Janette,
Your insurer might pay for a rental car while you are without a car. Similarly, you may be able to get the at-fault driver’s insurance to pay for a rental vehicle. I would recommend contacting your insurance company and inquiring.
Elizabeth Hooper says
Hello, my automobile and my husbands automobile were parked outside of our apartment building legally parked when a 18 year old girl was looking at her phone probably texting and going to fast hit our vehicles. My husband automobile was redeemed as a total and my automobile has at least $5000.00 worth of damage to it. We have no collisions coverage on our vehicles. The 18 yr old has full coverage. Her insurance company has denied our claims and also canceled out her full coverage policy. What can we do? Please Help!!!
Ian Pisarcik says
Elizabeth,
It’s not clear from your question whether her insurance company paid you anything. If you received the maximum amount from her policy and there’s still damages, you’ll need to use your under-insured policy or sue the driver for the remaining damages. If the insurance company is simply refusing to give you any money, I would recommend reaching out to an attorney.
JaZmine says
I was in a bad accident. To make it brief… A van was trying to make a yellow light ( which turned red) . I was approaching a green light crossing at an intersection (25-30 mph ) as I was driving down a 4 way street. He missed the yellow light , which turned red and hit me on the drivers side. Now his statement is saying I ran the red light when my light was green. What should I do ?
Ian Pisarcik says
JaZmine,
Explain the situation to your insurance company. Additionally, reach out to a personal injury attorney in your area. Most attorneys will provide a free initial consultation. The attorney can help determine next steps, which may include pulling the security footage from the intersection.
Allen Weston says
I was in an accident which totaled my car. The insurance company sent me a power of attorney form which they want me to sign. There is no mention of amounts in the document or if I will accept the insurance companies settlement. Do I need to sign this document or wait if I plan on suing the, at fault driver? Or do I need to sign the document to get the car out of the way and get on with getting a replacement car whether I sue or not?
Earlier the Insurance damage appraiser, calculated the value BELOW what I need for the replacement. I just want to move forward and make the right decision.
Melissa Gold says
Hi, Allen. This is a great question. If you’re not satisfied with the amount the insurance company is offering, or if you’re considering pursuing legal action against the other driver, you should consult an attorney before you sign any documents. Depending on the document, once you sign, it might limit your legal right to additional damages later or to pursuing a claim against the other driver. Since this sounds a little more complicated than a standard insurance claim, it would be best to consult with a personal injury lawyer before communicating further with the insurance company. Enjuris offers a law firm directory that you can use to find a lawyer near you. Best of luck!
D Y says
My wife had a necessary brain surgery to repair a malformation. A few weeks later she developed a “bulb” near the incision site. After trying a few things, the surgeon decided a few months later to do another surgery to see if there was anything wrong. It turns out that the mesh they used ruptured in the middle causing spinal fluid to leak(the bulb). The surgeon did a great job of documenting the mesh failure and the would-be outcomes had they not discovered it. I went directly to the medical product company and they eventually said their investigation was inconclusive, as to whether they were at fault, but they sent a claim to their insurance company. I have been dealing with their adjuster ever since. Every week it seems like they are not making progress with the investigation and are still “waiting” for people to get back to them. This has been going on for 6-7 months. Do we have a claim that the adjuster is dragging their feet? The medical bills from the second procedure was around 300k and after doing some reading it seems that the long-term effects and recovery would qualify my wife for a x5 pain and suffering multiplier. Is that true(I know the adjuster will claim less)? So my guesstimate is the value of the case is somewhere between 1.2m and 1.5m. I’m hoping that even if they accept minimal responsibility their offer will be around 300k…is that reasonable without us having an attorney? Thank you
Ian Pisarcik says
I’m so sorry you are going through this. The insurance company has certain obligations and dragging their feet can constitute “bad faith.” Learn more about bad faith claims here. Without knowing all the details of your case, I can’t provide you with an award estimate. I do think it’s worth meeting with an attorney. Generally, attorney’s have a lot more luck getting insurance companies to act quickly (and also maximizing your award). Most initial consultations are free, and the attorney will be able to look at your case and provide you with a rough estimate as to what you can expect.
Tyler says
Hello,
I was in an accident on the highway and was rear ended, they say it was my fault but I believe it was their fault. It was my friends car and their insurance is taking care of things but then I was contacted by the other persons insurance and spoke to someone briefly and recounted my side, which they said doesn’t match what they believe the police report describes. This was not a recorded conversation but they know want me to do one, which I am not going to, but can they use the information I already gave them against me of it wasn’t recorded?
Ian Pisarcik says
Tyler,
The insurance company can use your statements for certain purposes. However, because the information is hearsay, the use is somewhat limited.
Colins Wyatt says
I was involved in an accident last month, precisely 2 weeks ago. it was a 4-way STOP sign and this lady didn’t see me. She ran straight into me and t-boned my car. The police came and got our information but didn’t hand the lady any ticket, even though it was clear she didn’t stop at her sign. The police report has her ticked as the “susp at fault” but after contacting her insurance company, they replied some days ago saying they have concluded their investigation and found conflicting information from both drivers – and since there are no witnesses – they have concluded that they can not disburse anything to me! Also, they added that the lady said we go 50-50 (she repairs her car while I repair mine) knowing well that the damage to her car was next to nothing.
What do I do next?
Ian Pisarcik says
Colins,
It’s not uncommon for an insurance company to offer a low settlement due to the lack of clear liability (witnesses, video footage, etc.). The police report certainly helps your case, but it’s not conclusive (i.e., the court and the insurance company don’t have to agree with the police officer). With all that being said, it sounds like all the evidence that does exist supports your side of the story. With that in mind, you should strongly consider reaching out to an attorney to help you negotiate a better settlement with the insurance company. Most attorneys offer a free initial consultation. If you don’t want to involve an attorney (though I recommend it), you can negotiate with the insurance company yourself. Bottom line, you don’t HAVE to accept the insurance company’s offer (or lack thereof).
Walter says
Minor mva i was stopped for vehicle in front of me turning and was hit by a car doing 25pmh. Wife,daughter and i all go flung forward and was taking to hospital by ambulance for back and neck pains and chest pains for me and i was hooked up to EKG and because i have a abdominal aneurysm and back problems 2 cat scans was done do to the endpack to make sure my aneurysm was not leaking and fractured any of my back and neck. The at faults insurance company says they don’t see paying this claim because of it being a minor mva and not much damage to car these test should not have been done and my er bills are to much $20,000. So i just get a letter saying they are investigating and want us all to do a recorded statement and to sign papers for 3 years back on us all for releasing medical information. We had all singed these papers already so do not know why they want me to sing again. Can not find a lawyer to take our case because they all say there is no on going injury’s. They did pay to fix my car that was $900 and for a rental car for 2 days.Sp what do i do now and if i don’t have a attorney should i refuse being recorded are do i have to do the recording and i live in Calif and my health insurance payed my bills at their discounted price but i have to reimburse them. Does the insurance company have to compassionate me the total amount of the bills or only what my health insurance paid.
Melissa Gold says
Hello, Walter. I’m so sorry to hear about your experience. Without knowing exactly what you signed and what the insurance company is looking for you to sign right now, the best suggestion we can provide is for you to find a personal injury attorney. You mentioned that you’re having a hard time finding a lawyer who can take your case. The Enjuris Personal Injury Law Firm Directory (https://www.enjuris.com/directory/) is a good tool for finding an attorney in California near you who specializes in the type of legal matter you’re looking to pursue. Many personal injury lawyers offer a no-cost initial consultation.
Here are some tips for how to prepare for a first meeting with a lawyer: https://www.enjuris.com/personal-injury-law/preparing-first-meeting.html.
We hope you and your family are feeling better!
Venus says
Property damage claim and I surance wants to settle with me for the estimate given at my auto repair shop. I am u happy with thr auto shop I picked can the insurance write me a check and I go into research and find a better more professional shop?
Melissa Gold says
That’s a good question! In many situations, an insurance company will require to you obtain a quote from one of its designated repair service providers. Once their service provider provides that estimate for repairs and it settles your claim, it should issue you a check for the agreed-upon amount. You can take your car to any repair shop you choose. However, be aware that if your shop charges more than the originally approved estimate, the insurance isn’t going to compensate you for the additional amount. I hope the repair is quick and your claim is resolved to your satisfaction.
Thomas floyd says
My wife was in a small fender bender and the police officer showed up at the scene and came to her and said it was her fault in a very rud tone. he didnt ask if she was ok and walked away to the other vehicle when my wife asked if she could please have the ladies insurance information he told her no. Aparently the office is related/good friends with the lady. The accident was not my wifes fault. The lady was speeding and on her phone when she hit her and my wife was parked but it is nowhere on the police report. The lady faked an injury so she got a ride in the ambulance and here we are a year later and thier insurance wants 14 thousand dollars for a bent bumper on a 1500 blue book car that the lady didnt even own. It belonged to somone else. So my question is what do you think about this situation and was any of that legal? The driver of the other car was african american and so was the officer and i am caucasion. The officer never came back to talk to my wife after he said it was her fault and stayed with the other driver. It reallly seemed to me like the officer was racist.
Melissa Gold says
Hi, Thomas. Thank you for reaching out. I’m sorry to hear that you and your wife are in this situation. Without knowing the specific circumstances, I can’t offer suggestions with respect to what was or wasn’t legal. However, although a police report is an important part of the record for any accident, the insurance company should also conduct an investigation and establish liability based on any available evidence. Your insurance company has a responsibility to investigate and defend your wife against the claim if your wife wasn’t at fault.
If you feel that your insurance company isn’t doing what it should by defending the claim, you can enlist the assistance of a personal injury lawyer. I’d invite you to use the Enjuris Personal Injury Law Firm Directory to find an attorney near where you live who can help you to resolve any legal or insurance issues related to your wife’s accident. Best of luck.
Thomas floyd says
The police report shows my vehicle turning into the street which is false since my wife had not cranked her vehilce up to move. When she tries to have the report changed they wouldnt do it. They also wouldnt accept my own report of the accident or even ise my report as a supplment to thiers. Do i have any legal standing here?
Melissa Gold says
Hello, again, Thomas. Following up on your previous question, you should be able to provide your account of what happened to your insurance company to help it defend your wife against the other driver’s claim. If you have evidence or a statement to supplement your version of what happened, that’s also an important piece of information to offer your personal injury lawyer when you explain the situation.
If it would help, Enjuris has a checklist of items to bring so that you’re prepared with what your lawyer will need at your first meeting.
Betty B says
Recently my husband was involved in an MVA, that the police officer claims it was our fault for lack of “due care” He was crossing 3 lanes making a left turn into a shopping center. 2 of the lanes stopped(since they had a red light.. They made enough room he could squeeze across however the 3rd lane was the driver that plowed into my husbands rear passenger door..spinning him 360 degrees!! There was a witness that stopped to speak with my husband and claimed the other guy was going awfully fast. However my husband never got the witnesses name!!The driver obtained an attorney.( claiming the driver and his passenger have back problems and are seeking chiropractic services.. my insurance already paid out money for there car damages.. unfortunately, our car was deemed totaled… And now there insurance company is trying to call us and have sent us many letters. My question is do we have an obligation to speak with them?
Melissa Gold says
Hello, Betty. First, I’m so sorry to hear about your husband’s accident. I’m glad that it sounds like he’s unhurt. You said that your insurance already paid the claim for damage to the other driver’s car, but now his insurance is coming back with another claim for medical services.
You are not obligated to talk with the other driver’s insurance company. You have two options: One is to contact your own insurance company to see if it’s handling the claim. The insurers might already be working together. It’s possible that your insurance company has declined to pay for the medical treatment, and that’s why the other driver’s insurance is contacting you directly. That brings us to the second option, which is for you to hire your own personal injury lawyer.
Especially since the other driver has a lawyer, it seems like he might be planning to pursue more damages than the insurance company is willing to pay. Your lawyer can help in several ways. Depending on what state you live in, it could be possible that liability is split between your husband and the other driver. Your lawyer will know the laws of your state and how to handle assigning liability. Second, your lawyer can act as your negotiator if the insurance company is trying to claim additional damages. Third, if the other driver does file a lawsuit against your husband, your lawyer will represent your husband’s interests.
Please feel free to use the Enjuris Personal Injury Law Firm Directory to find an attorney near where you live who can help. My best wishes to you and your husband — I hope it all works out!
Taysha says
I was in an accident recently and filed a claim with my insurance. They claim to have tried to call me however I never received a call. Then the week after the accident, the driver of the other car showed up at my house with two other people telling me to call my insurance and claim I was at fault. Due to my children being around and them surrounding me I felt like I had no choice. She proceeded to tell me that my insurance company gave her my address. Are they even allowed to do that? What should I do?
Melissa Gold says
Hi, Taysha. Thank you for reaching out. I’m sorry to hear you were put in an uncomfortable situation. If you made a report to your insurance company, they should have an open file for the incident, whether or not a claim is made.
No one can force you to call your insurance company and admit fault for an accident, especially if you don’t think you were at fault (or if you were partially at fault). If this driver feels that you were at fault for the accident, she needs to call her own insurance company and have it file a claim against your insurance. She and her friends shouldn’t be showing up on your doorstep to try to intimidate you.
You can call your insurance company and inquire about the status of the claim. It’s always possible that they did try to reach you, but have the wrong number or something like that. However, you don’t have to make any statements about who is at fault for the accident. If you think that you’re not at fault, or that you’re only partially at fault, you don’t want to say something that they can later use against you if you’re trying to obtain damages, too.
Since this sounds complicated and like the other driver might be intending to make things difficult for you, my suggestion is to call a personal injury lawyer. Most personal injury lawyers will provide an initial consultation at no cost. You can meet with a lawyer, explain the facts of your situation, present any evidence you have, and the lawyer will provide you with your best options. Remember, though, you’re not legally obligated to make any statements to the other driver or the insurance company — yours or the other driver’s. If they contact you again, you can say that you’re seeking the assistance of a lawyer and your lawyer will respond. Please feel free to use the Enjuris Personal Injury Law Firm Directory to find an attorney near you who can help. Thank you for reaching out, and I hope that you’re able to have this resolved quickly.
Pipi says
I’ve got an accident in a parking lot. But the accident happened wasn’t my fault. I did make a report to Police and I called my insurance company the day is accident happened. My question is it possible if I dismissed the claim? And is it the claim report also going to the person who hit my car to his insurance?
Thank you
Ian Pisarcik says
Pipi,
I’m not quite sure what you’re asking. If the accident wasn’t your fault, you should let your insurance company know. You should also provide the at-fault party’s information to your insurance company. That way, your insurer will go after the at-fault driver for the damages. Assuming the at-fault driver was at fault, this shouldn’t impact your insurance rates and you won’t have to pay a deductible (or you’ll be reimbursed if you’ve already paid a deductible).
rolly says
Hi, I got into accident recently and what happened was I merge to a street and all of the sudden someone hit my right bumper. When I called my insurance company they said that I am not at fault. then I found out that we are under the same insurance company. I am still under physical therapy due to that incident. After 1 month I got a call from my insurance company and they said that the guy told them that he didn’t had a chance to avoid me, and the insurance company told me also that he is also claiming for insurance because he was hurt, he also claiming for repair for his car. I am surprise to get a call from both of our insurance company ( since we are using the same insurance company) what should be the right approach to this? I am still traumatized and every time I am hearing this call about the accident gives me goosebumps. I am took sleeping pills every time they reminding me the incidents
Ian Pisarcik says
Rolly,
It’s not unusual for both the at-fault and innocent driver to be covered by the same insurance company. The insurance company will investigate the accident and reach a decision as to who is at fault. If you disagree with this decision, you’ll need to write a letter to your insurance company disputing their finding of liability (and providing any evidence you may have). If the insurance company does not change it’s decision, you may need to get an attorney involved.
Jp2019 says
Hi. So I’m in a car accident last june 25. I was going straight and a pick up truck turned left. I was at 100% no fault. And the other persons insurance already settled the bills that my insurance used. But I’m wondering, is that the end of it? Don’t they have to pay me as well? Or just because they already settled with my insurance that’s it. I asked my adjuster about it but he said to just contact the other insurance for that. So i did, and now the other person insurance is just asking me about injury? Don’t they have to pay me for my lost wages as well and for my car?
Thank you
Thank You.
Ian Pisarcik says
In most cases, the at-fault driver is responsible for all the economic and non-economic damages that stem from the accident. This includes physical injuries, property damage, and lost wages. It sounds like your insurance company paid some bills and was reimbursed from the other insurer. However, if there are additional losses, you’ll need to make a claim with the other insurer.
Terrence says
I was involved in an accident where I was struck by a vehicle failing to yeild in the left turn signal lane I was driving straight in the far right lane it’s 3 lakes as I’m crossing the intersection preparing myself to merge into the 4th lane over that leads into the Walmart the women speeds across and increases her speed runs directly into me crushing my front end of my vehicle …both air bags deployed in both vehicles and my frame is bent inwards looks totaled the police arrived assessed the situation she claimed the turn signal was green pure fabrication the light never turns green to make a left turn always flashes yellow to yeild oncoming traffic …she was cited at fault with failure to yeild . Seat belt violation as well as expired tags the police report has already been issued Her insurance company is not accepting liability the incident it’s under investigation so they say occurred on 11-9 the adjuster wasn’t back in office until 11-13 it’s only been two days so far they are requesting statement I urged them to contact my lawyer I only want to discuss property damage which my lawyer said is fine long as I don’t discuss injury I’m currently renting a vehicle out of pocket and will be seeking reimbursement I’m wondering how long will it be before they assess my property damages or accept liability for property I understand my injury’s will be a longer process as I seek treatment
Ian Pisarcik says
Thank you for the comment and question. Insurance companies have a duty not to cause undue delay. What’s more, some states require that the insurance company conclude their investigation within a certain period of time (usually 45 days). Since you’re represented by an attorney, I would recommend asking them how long the insurance company has before they need to make a decision.
RICHARD M says
I was in an accident, making a left turn at an intersection. The light was yellow and turned red as I was turning and was hit by a red light runner. After calling her insurance and submitting a claim, I finally got them to admit it was her fault after showing g them the police report and having 2 witnesses on my side.
My question is I dont have an lawyer and there are sending out and adjuster to evaluate my vehicle to see if they can fix it , but I suspect I might be totaled. How do I get the most value for my vehicle and make sure they dont low ball me on money they owe me for what my vehicle is worth?
Ian Pisarcik says
Richard,
There’s nothing preventing you from having someone else (preferably a couple people) come out and give you an estimate to fix your car (maybe a local repair person that you trust). That way, when the insurance company makes you an offer, you will have a better idea if the offer is low or reasonable. If it’s low, you can always make a counteroffer.
Liana says
I had an accident in a parking lot: I was driving along the home depot building to the exit to the street when in the middle of my drive I got sided by a car that came out of the isle turning left. She clearly did not see me. There was a witness that was concerned about my well being, but he left as soon as he learned that I am OK. I was so shaken up that did not think that I should ask him for the contact info in case I need it. I do not know what the police report says, it’s not ready yet, but seeing how she was thanking him, she did not get cited, From my point of view she is 100% responsible, But I was told that because the accident happened in the parking lot, it could be a different outcome for liability. Is this correct?
Thank you
Ian Pisarcik says
Liana,
Drivers have the same obligation to drive with care in parking lots as they do on roads. As a general rule, vehicles in the through lanes have the right of way, and drivers approaching through lanes from parking lanes must yield the right of way to drivers in the through lanes. So, generally speaking, the car that hit you was supposed to yield (and because she didn’t, she would be responsible for the accident).
Keep in mind, however, that this could change based on any signs that were present in the parking lot, the specific rules of your state, and any other facts you haven’t told me. The best thing to do is contact an attorney in your area to discuss your case.
RLT says
Rear ended other driver at fault. Wasn’t able to reach either insurance until next day since it was late. Took a bit to get other insurance worker after being given the number by my own insurance. Given crappy info and then no contact for some time. Day it happened I claimed in pain and couple days after said I needed medical treatment. Having no money no health insurance I was afraid to just go. After a month, received letter that I had a new adjuster. Tried to call. Two weeks later they called said just out on case. Letter says otherwise. Finally get car taken care of. Told will talk about medical when that’s done. So when done and more crap details I finally go seek medical. Told me will talk when done. After done says won’t cover up. Took too long to seek medical. Should have told me that in first place. Tried lying about the medical documents too when even the medical place said otherwise. Now I lost all my stuff and my car. Let attorney handle it immediate cause no one will now for me.
Ian Pisarcik says
RLT,
Sorry this happened to you. Delaying medical care might make it difficult to prove that the medical care was connected to the accident. However, you don’t waive medical payments simply by “taking too long.” So long as the statute of limitations hasn’t run (usually 2 or 3 years depending on your state), you have a right to make a claim for medical damages.
I recommend using our free online directory to contact an attorney in your area.
Neelam says
Hi there,
I had a accident on 23 July 2019. I wasn’t my fault because I was coming off from the parking was going towards the main road, a lady was in car on my right side, she was looking her opposite side and suddenly she turned her car and straight away hits my driver side car window. Even she she didn’t indicate and I was on 10 km speed. Fortunately I was not seriously injured so we both left the pace after few arguments. She had a car insurance but I am not. So after a few days I had call from her insurance company and they asked me for the accident details. I explained them everything that it wasn’t my fault. After that I didn’t get any latter or email from them. But after so long time on 17 December 2019 they call me again and asked me for a email address then they sent me latter for claim recovery payment. That is $1135. It is very disappointing me. Please advice me what action can I take against this claim????
Ian Pisarcik says
Neelam,
Was there a police report?
It sounds like the insurance company sent you a demand letter. You can refuse the demand (i.e., dispute liability and refuse to pay) or send a counteroffer (an offer to pay some other amount that you feel is fair). However, be aware that the insurance company can then file a lawsuit against you for payment (at which point you’ll have to go to court to argue your side).
You might consider reaching out to an attorney in your area to help explore other options.
Shaz says
I was involved in an accident where there was no visible damage to the claimants vehicle and we both agreed to part our separate ways! Which I believe was due to claimant being under the influence of drugs, no police were called and there were no witnesses.
The claimant has now made a claim for damage through my insurance and claims for medical injuries? My insurance company want to come to my house to take a statement is this a normal procedure ?
Also what rights does the claimant have as what I believe he is trying to claim for is invalid.
Ian Pisarcik says
You do not have to provide a statement to the other parties insurer and it’s generally a bad idea to do so. Instead, I would tell the insurer that you’re not ready to make a statement. I would then meet with an attorney in your area who can advise you how to proceed.
Mats Wolff says
I had no idea that if the case goes on trial, then they can use the recorded statement to see if I am honest. My brother recently got into a car accident, where he was rear-ended at a red light and it caused major head pains for him. I informed him to hire a lawyer that can handle his situation properly.
Ian Pisarcik says
Thanks for the comment, Mats.
Suzanne says
Was in an accident January 19, 2020. Driving home on a mountain road coming left around the turn (have the white side of the turn) which was on the side with the guard rail and a cliff. The other driver was coming around with her car with her car in right turning around against the mountain side she took the turn way too fast and seem to even accelerated when she hit the middle double line with bumps – crossed over extremely fast and took out the whole side of my vehicle and then hit the guard rail on our side of the road and damage 50 feet of guard rail. I have a dash cam that caught her coming around the turn crossing over the line and accelerating into my vehicle. I realized we could’ve easily have gone over to the side of the mountain. Since she essentially hit me from the very front side my car and took out the whole side of my vehicle my neck is sore and I have ringing in my right ear that has not stopped. Just with the dash cam footage alone it’s a parent and determined by my insurance company that the other driver is 100% at fault. Got the full police report six pages with a diagram showing details of how she impacted my car and the guard rail with her being declared 100% at fault with details of debris and friction marks all on our side of the road only as well as 50 feet of guard rail that had to be reported to Caltrans. The police report said she was in violation of the moving vehicle code for crossing the double yellow lines even though she wasn’t cited at the scene. After three weeks and their insurance company wanting me to sign release forms and make recorded statements and dodging that I finally contacted an attorney. My question is before I sign the agreement for this attorney can the other parties insurance use anything I said during the one conversation I had with them (as I was instructed by my insurance that I needed to go to them ) against me if I didn’t do an authorized recorded statement and I told him I hadn’t had a chance to be followed up by the doctor but I did go to the urgent care. I’m pretty confident that I didn’t say anything inconsistent I’ve been very consistent but I’ve also been highly emotional and I think God I was hopped up on a muscle relaxer when she asked for a recorded statement because at that point she didn’t want one until I felt better and at that point didn’t seem to want to talk to me until I was feeling better. I hate getting to the point of having to hire an attorney but this was supposed to of been a new year for me it’s a new car after last year my husband almost dying and he is a very high-risk heart patient with his widow maker 100% blocked I don’t have the energy to fight with them. One example they agreed that I can submit my medical expenses and not sign the release but then they badgered me over the weekend to sign it.. I hate getting to the point of having to hire an attorney but this was supposed to of been a new year for me it’s a new car after last year my husband almost dying and he is a very high-risk heart patient with his widow maker 100% blocked. Even the trauma of being stuck on the mountain side without a cell signal and the utter fear that my husband might go into cardiac arrest and I can’t call to get him help.
Again I am going to retain an attorney this afternoon but I just wanna know if there’s anything I need to make sure I ask before I sign the contract.
Melissa Gold says
I’m so sorry to hear that you had to go through this experience, Suzanne.
To answer your question, yes, the other driver’s insurance company is allowed to refer back to any statements you made before you retained an attorney. You might wish to let your attorney know that you spoke with the insurance company at a time when your thoughts might have been impacted by pain relievers or other medicines that could’ve caused you to be thinking less clearly.
Now that you have a lawyer, you can refer any calls or correspondence to their office, rather than interacting with the insurance company on your own.
Don’t sign any documents from the insurance company without checking with your attorney first. Once you agree to a settlement, you’re bound to it. You can always tell the insurance company that you need to review all documents with your lawyer before signing.
I hope you’re feeling better and able to move on from this experience shortly. Take care.
Stanleyjsmm says
I was involved in an accident almost 1 year ago. The other driver pulled out in front of me and admitted to doing so. The other drivers insurance is now saying I was 20% at fault which I wasn’t I was just driving down the road and he was stopped at a stop sign and pulled out. Now the case is going to arbitration. It was scheduled for November and it was cancelled with no set date. How long can this go on? No one can give me answers not even my insurance I am so fed up
Ian Pisarcik says
Unfortunately, it can take a long time for an insurance claim to be sorted out. This is particularly true at the moment when many courts are closed and many arbitrators are working remotely. If you feel you’re being dragged around, you might consider reaching out to an attorney to represent you.
Mimi says
My Daughter & her spouse arrived at her spouses job parked and went inside to open the business ( spouse is manager there )
A woman said someone made a lane change in her lane and she drove literally into parking lot and creamed their parked vehicle ( totaled it .. Hitting front end crushed it and pushing back into a power pole crushing the back as WELL They all have full coverage… However officer says No Fault … What should they do at this point since this is ONLY CAR and now will have NO WAY to work which is 45 mins both ways and my daughter actually used this car for UBER/LYFT business… Will so called no fault still allow the others insur to provide rental… Wow this could cause many issues and hardships pertaining to incomes
Melissa Gold says
Hello, Mimi. Thank you for reaching out with your concerns. How insurance handles this depends in part on the state where the accident happened. If your daughter is in a no-fault state, then she would make a claim to her own insurance company for the damages to her vehicle. Here’s more about fault vs. no-fault insurance.
Your daughter’s insurance coverage might include a provision for income loss for a car used for business purposes if that’s something she selected when she purchased coverage. If the car was parked and not engaged in an Uber or Lyft ride at the time, she likely can’t get coverage through her Uber or Lyft insurance. But here’s more on rideshare accidents if you’d like additional information: https://www.enjuris.com/car-accident/rideshare-car-accidents.html.
Your daughter should contact her insurance company right away. Some insurance companies offer rental vehicles as part of their coverage. If she’s in a no-fault state, her insurance will advise on what’s covered under her policy. If that’s not the case, it will be between the insurance companies to determine who is responsible for what damages. If the insurance company is unable or unwilling to provide the coverage she needs, she can consult a personal injury lawyer for advice. A lawyer will be skilled at negotiating with the insurance company with respect to who is at fault and what the coverage is. Please let your daughter know she can use the no-cost Enjuris lawyer directory to find an attorney in her state who’s able to advise on her best course of action.
Sarah says
My son was involved in a school parking lot accident in Ohio, his account of the accident is that he was following behind the vehicle in front of him (parking lot is wide enough for 2 vehicles to go in opposite directions) an she then went over into the left lane an he hesitated for an instance an then proceeded to his assigned parking space when he was hit, she had hit him on his driver side door an quarter panel, damage to her vehicle is front passenger corner, headlight an bumper. But she is claiming she was trying to reverse park. I went to the scene an school cop still hadn’t made it out there, an we had taken picture’s an so on an finally cop came an never took pictures only took statement’s an said that the camera’s may not have been working as he had put in a call 2 days prior to this, we have same insurance company, I immediately went to my insurance company with my son an explained situation an gave her the police report number an was told to get estimates an bring them in, well later that day I get a call from claims department an I was told that the other student’s Mother had filed a claim an I was apart of it, but there wasn’t a claim on my insuramce an I’m not sure why either. But I do know they are trying to say my son is at fault..
So my question is, is my son at fault an why don’t I have a claim an should I file a claim??
Thank you
Melissa Gold says
Hello, Sarah: Thank you for sharing your question. It sounds like this will be an issue for your insurance company and possibly lawyers to work out. Without knowing all the facts, I can’t say whether your son is at fault. Chances are no one knows who actually was at fault because even your son and the other driver will have different versions of what happened — and perhaps they were both at fault.
You might want to hire a personal injury lawyer who can negotiate a settlement with the insurance company, especially if the insurer is both yours and the other driver’s. If your son is determined to be the at-fault driver, the lawyer can also help to demonstrate evidence that might minimize his liability. When a car accident isn’t clear-cut with respect to the cause and the at-fault driver, it can get messy fast. Please feel free to use the Enjuris lawyer directory to find a lawyer in your state who can help settle this case.
Sheree says
Hey, I had a accident and I was at fault. I did not have insurance ( I had tried to but online options weren’t right and when I called I got put on hold for over ten minutes so had to hang up and carry on my way to work). So the car I hit apparently got written off (2 side air bags deployed) so because I have to pay the insurance company $20,000 shouldn’t that make the car mine now? What are my rights there with her insurance company?
Ian Pisarcik says
Sheree,
I’m not sure I understand your questions. If you were at fault for an accident, and the car you hit was totaled, then you would have to pay the replacement cost ($20,000). The car would not be yours at that point. The car would belong to the driver who you hit. You are simply replacing their vehicle.
Sarah says
I was in an accident where a car behind hit me because someone hit him. So it was a 3 car accident. The 3rd car insurance took responsibility about a month ago. Cut me and the car behind all the checks. Been sending funds to the body shop. Got a call today from the 3rd car insurance telling me that they made a mistake and now realize their client didn’t have insurance and they are voiding all checks issued. The accident was on 2/14 around 8 pm. According to the new adjuster, their clients insurance expired on 2/14 at 12:01 am. The issue is that my car is going to be ready tomorrow for pick up. The insurance send me the initial check and funds for any extra work needed on my car has been send to the body shop. Once accepting responsibility, can they go back after 90 days and now not take responsibility?
Melissa Gold says
Hi, Sarah. That’s tricky! Thank you for asking. It’s a strange coincidence that the driver’s insurance expired just a few hours before they caused a collision. It does sound as though the insurer would be responsible for the damages if it was their error in accepting the claim in the first place. This sounds like a job for a lawyer; your attorney will need to investigate the terms of the settlement and whether the insurance company owed you a duty based on its initial promise to pay. You can find an attorney by using the Enjuris lawyer directory. I hope it all works out for you!
MP says
A lady ran her red light, at high rate of speed, and struck the front of my vehicle as she attempted to turn into opposing lanes of the highway. She was cited with failure to stop at a red light. There was a vehicle parallel to me that witnessed it and the opposing driver was found Guilty. I have limited torte and my lawyer from one firm gave my case up because it was going into litigation. Should I try to settle with the insurance company or go with another lawyer?
Melissa Gold says
Hello! That’s a great question. It sounds as though there might be a combination of criminal or traffic law and personal injury law involved, here. If the driver was prosecuted for breaking traffic laws, that is separate from civil liability (tort law). How you pursue a settlement through insurance depends on what state you’re in; different states have different laws with respect to how insurance treats an accident based on who’s at fault. It’s hard to say whether insurance is your best strategy without knowing all the facts, but a lawyer can advise you. If you need to find a new lawyer, please feel free to use the Enjuris law firm directory to find a lawyer in your state who can help.
Best of luck! I hope it works out favorably for you and your expenses are covered.
Gigi says
A tree company was cutting a tree down in my neighbor’s yard. One of the main branches fell on the front of my car. they did ask me if I can move my car I told them no give me a few days to move my car and they told me they wouldn’t hi my car and they went on receipt at work. So I went outside and behold they had let the tree hit my car. Are they liable to pay me and because it was in my backyard on my personal property?
Melissa Gold says
Hi, Gigi. You should definitely take information for the tree company — the name, phone number, and whatever additional information you can gather. Without knowing all the facts, I can’t say whether they’re responsible for the damage or not. You could call your own insurance company to file a claim. Your insurer will tell you whether it’s covered under your insurance or if you have to pursue the tree company’s insurance to have the damage paid.
Step says
My kids and I were in an accident that totaled my car. The other driver was at fault. The other insurance company recently contacted me to get a statement. I gave them the same statement that has been maintained from the beginning, as well as letting them know that we were being seen medically. The agent said she had to determine liability after speaking to her client, then she would get back to me. I feel it is time to contact a lawyer. Should I do so? Thank you in advance
Ian Pisarcik says
Thanks for the comment.
The insurer will make a decision as to liability and, based on that decision, make you a settlement offer. If you’re happy with the offer, then there’s no need to contact an attorney. You simply accept the offer. If you’re unhappy with the offer, then you can make a counteroffer. If the insurer refuses the counteroffer, then that is the time to bring in an attorney.
With all that being said, it certainly doesn’t hurt to talk to a lawyer now (most initial consultations are free). Bring all your medical records to the meeting. The lawyer can help you determine what a reasonable settlement offer looks like in your situation.
Steve says
I recently was involved in an accident where the other driver ran a red light and t-boned my vehicle. There were no personal injuries, the other driver admitted fault and the police report reflected such. Surprisingly, when I contacted my insurance company they told me to handle it directly with the other driver’s insurance. They confirmed liability, and now they want me to accept a check directly and the body shop will “bill us (the insurance company) for the rest if the charges go over our estimate.” By doing this, are they tricking me into accepting a settlement that may not cover the repair? What should I do to ensure my car is properly repaired and covered by the other driver’s insurance?
Melissa Gold says
Hello, Steve. I’m glad to hear that your accident didn’t result in physical injury to you or anyone else. It sounds as though the insurance company is committing to paying for the entirety of your repairs. However, you want to have any arrangement in writing and be sure that the body shop is approved by the insurer (if that hasn’t already been established). If you’re concerned, you might wish to consult a lawyer to have them review what the insurance company has offered and be sure that there’s no hidden “fine print” that could leave you in the lurch. You can use the Enjuris law firm directory if you need to find an attorney in your area.
McIntosh Insurance Agency says
It is essential to know how to handle a someone’s insurance well. This content explained it in a convincing way.
Ian Pisarcik says
Thanks for the comment!
Lori says
Replying to a comment made by Al, December 30, 2018, 11:39 am:
Hi Al,
I believe you may have your left and right confused for part of your story. If you were in the right lane, waiting to make a right turn, and struck by someone in the adjacent left lane (good so far), how would the LEFT (or DRIVER) side, mid-section of the other driver’s vehicle have struck your RIGHT (or PASSENGER) side, front bumper?
There are only two possible ways that could have occurred:
1. the other driver passed you while making the right turn, made a full U-turn, came back towards you (facing you), and his truck side-swiped your right (passenger) side bumper with his left (driver) side mid-section;
or,
2. the other driver made the right turn behind you, then, coming from behind, sped up along side your right (passenger) side, and side-swiped your right (passenger) side bumper with his left (driver) side mid-section.
Do you see, that just making a right turn, from the adjacent left lane (beside you), it is not physically possible for the other driver’s left (driver) side to have come in any contact with your right (passenger) side? So, either you just mixed up your left & right, or there is more to that accident.
Also, as previously stated by Lance Buchanan, on January 02, 2019, at 3:17 pm – you should definitely NOT call the other driver’s insurance company, but, definitely go through your own insurance company. Most people (not all, but most do) have some kind of deductible included somewhere in their policy. The reason for a deductible, is for an insurance company to lessen the amount they have to pay out for a claim. It is for them to get you to pay a portion of it. It’s the amount they “deduct” from the total amount they are required to pay – hence “deductible.” That is why the higher the deductible you agree to pay, the lower your premium is. They figure, if you are going to agree to pay out a higher portion of a potential/future claim, you should get to pay a (slightly) lower premium.
If you are NOT at-fault, and/or they are NOT paying out anything for the claim, you would NOT have to pay a deductible.
Hope that helps you a bit.
Lori
Cynthia Williams says
My son was in a head on car accident where the other driver was trying to pass a car in front of her by going into opposing traffic. When she realized she couldnt she decided to continue across opposing traffic and try to make it to the shoulder..this of course caused her to slam head on passenger side and completely took out the whole side of my car…She was deemed under the influence of drugs…My son was not covered to drive my car..I’m financing and upside down on my loan..what do I do?
Ian Pisarcik says
Cynthia,
I’m sorry this happened to you. In most cases, an auto policy covers the children of the policy holder – so, I would make absolutely certain that your police doesn’t include your son.
Regardless, if you are in a fault-based insurance state, then the other woman is responsible for your damages. If you’re not in a fault-based state, you’ll have to file a personal injury lawsuit against the woman in order to recover damages.
JustConcerned says
my employee was in an accident last night. Light turns green and she’s hit by somebody running a red light. The other person is ticketed for not yielding the right of way and causing an accident. My employee called the guilty party’s insurance company and the info given to police by the other woman turns out to not be in force today. My employee called her insurance company today to file an uninsured motorist claim and finds out the other woman with no insurance filed a claim with her insurance. Is this possible to have no insurance, being at fault and able to file a claim on my employees insurance? Thank you
Melissa Gold says
I’m glad it sounds like no one was injured in the accident!
Your employee did the right thing by making a report to the driver’s insurance company and by also making a report to her own. If the other driver wasn’t insured and she was the at-fault driver, it doesn’t seem that she would be able to make a claim against your employee’s insurance. Sometimes, it depends on whether you’re in an at-fault or no-fault state as far as which insurance company handles the claim, but insurance is required in every state. Your employee can hopefully have her own damages covered under her uninsured motorist policy, and the other driver will likely have to cover her damages herself.
Renee says
I was in an three car accident on June 21. I was sitting at a red light and the other cars were on the cross street. One car came from the left of me trying to go straight and the other came from the right of me trying to turn. The car from the left tboned the car from the right that was turning and knocked him head on into me.The other drivers rolled their car into a gas station before the police came and I sat at the light until police instructed me.So the police officer couldnt determine who was at fault between the other two drivers. The insurance company of one driver says they are only paying 50% because they are half responsible. I found out that the other driver policy wasnt active.I sent pictures of my car to the driver that had insurance and they said my car is totaled. They gave me a value for car of $2190 then they said they will deduct $772 because of two small dents which left $1418 and then they said they will only pay half of that and that I need to collect the balance from the other driver insurance. But the other lied about his insurance.I rejected their offer. They are trying to get me to settle and I dont think it’s fair. I was sitting at a red light. Now I’m out of a car.I dont know what to do. Do I need to get a lawyer? How can you tell from police report who is responsible?Can two people be at fault?
Melissa Gold says
Hi, Renee. You’re right — this is complicated. How insurance handles a car accident claim with respect to who’s at fault depends on what state you’re in. Some states have no-fault insurance, which means you would make a claim to your own insurance policy. In other states, it would be the responsibility of the at-fault driver. The other factor in this is if you have uninsured motorist coverage. This article has some good information about accidents with uninsured or underinsured drivers: https://www.enjuris.com/car-accident/uninsured-motorist-accident.html.
I’d also suggest finding a personal injury lawyer who can help negotiate a settlement with the insurance companies. Most personal injury lawyers work on a contingent fee basis, which means they don’t require you to pay for their services up front. Instead, they take a percentage of your settlement or the damages awarded in a lawsuit. Your lawyer can help determine who is at fault based on the police report and other evidence, and can help you negotiate a fair settlement. If you need to find a lawyer near you, please feel free to use the Enjuris law firm directory. Best of luck!
Worried says
Complicated situation in Florida. My girlfriend was leaving a restaurant. From what she said she remembers was she was at a stop light turning left across a double highway. She had started proceeding to cross, When she was hit by a car coming from right turning left. The other car then hit another car the was was in the far left lane of the left side waiting to do a U-turn head on. No one was injured. After the police took my girlfriend’s statement then went to get the other drivers account of what happened. The officer came back and said from what the other 2 cars were saying was that it seemed that she was coming down driving the wrong side of the road before she even got hit. She got the citation from driving on the wrong side of a highway. Her parents insurance called her and asked for a recorded statement. She gave that statement from what she thought happened. She now feels that if the insurance determines that she was driving the wrong way that the insurance will think she was lying even though she had said that what she remembered/thought happened. What should she do? Should she call the insurance and explain that? How should she go about paying for the ticket?
Melissa Gold says
Hi, there.
First, I’m sorry your girlfriend was in an accident and I’m glad no one was injured. Second, it sounds like this is tricky and involves questions of fact. Without knowing all the facts, it’s hard for me to suggest what she should do. The one thing I can recommend is that she call a lawyer. She should probably not talk with the insurance company again because there’s a risk that she will contradict herself and the insurance company could use that as a reason to deny her claim. Once she retains a lawyer, she can have the lawyer do all of her correspondence with the insurance company. They will be able to make sure that what’s being said accurately reflects your girlfriend’s version of what happens and provide a defense. She can also ask for the attorney’s advice regarding how to handle the ticket, because how she pleads could affect the outcome of her claim.
Please let her know that the Enjuris law firm directory is a great resource for finding a lawyer in her state who can help. It definitely sounds like this is complicated and she likely should have a lawyer involved to advocate for her. Best of luck.
Karen Barry says
I was in no fault multiple car accident – driver intoxicated and hit 4 cars – my car was one of them – driver was injured and taken to hospital so could not get drivers Insurance info – police gave me report # and said I would have to get all at fault driver info through the police report – I live in California and I have 2 excessive speeding tickets and my insurance has informed me that I will be dropped or assigned to high risk insurance triple the cost if I have ANY further incidents ( including no fault accident ) so I absolutely do not want to notify my insurance on this I KNOW they will hold it against me – I want to go directly through the at fault drivers insurance as I should be able to do as police report shows he was intoxicated and hit 4 cars! I contacted an attorney as I have not only car damage but also bodily injury to back and neck but attorney doesn’t want to do the work of getting the at fault drivers info from police report – attorney of course wants to go through my insurance cause he can Get settlement quicker and get his money quicker but this will ruin my insurance and I don’t want that ! So can I contact police on my own to get at fault drivers info from police report and file claim directly with at fault drivers insurance company?
Ian Pisarcik says
Karen,
It sounds like the police included the driver’s information in the police report (name, contact information, and possibly insurance information). Police records are public records, which means that you can request a copy of the police record. This can usually be done online through the website of the police department that handled the accident (but the process differs among jurisdictions).
Once you obtain the driver’s information, you can file an insurance claim directly with the at-fault driver’s insurance company.
Grace says
Hi there! Our neighbor totaled my SUV. He was in a stop sign and when he made the right turn, he overturned and totaled my car. Both airbags deployed and my husband an I have to go to the ER to be checked. Our neighbor admitted that he was at fault and didn’t see us coming. And on the police report, it stated there that he overturned his car, thus hitting our car. Now, his insurance sent us a letter that the driver/insured has not cooperated in the investigation of the claim and therefore they’re denying the claim.
Should I talked to our neighbor or perhaps get a lawyer? Please advice. Thanks!
Melissa Gold says
Hi, Grace. I am sorry this happened but glad you and your husband are doing well. It sounds as though it would be best to get a lawyer. If your neighbor isn’t cooperating with the insurance company, he likely won’t be very forthcoming with you, either, and you don’t want to create problems within your neighborhood because that can just make everything more difficult.
Your lawyer can negotiate with the insurance company on your behalf, appeal the claim denial, and ultimately pursue other legal options if the insurance company doesn’t offer what you believe is a fair settlement. If you need to find a lawyer, please feel free to use the Enjuris law firm directory to find an attorney in your state who can help.
Ian Pisarcik says
Grace,
If you’re friendly with your neighbor, the most cost-effective thing for you to do is to talk with him and have him call his insurance company. If that doesn’t work, you may consider speaking with an attorney in your area. An attorney will be able to gather evidence and force your neighbor to cooperate.
SGI Problems says
No Fault Insurance has some real problems. Yes, it does focus on rehabilitation rather than just cash payouts. But if the benefits for rehabilitation are going to be challenged over and over again, ending up in a lawsuit just to get what is needed, something is really wrong.
Ian Pisarcik says
Thanks for the comment!
Bram says
From North
Other driver hit me and run but I got his license plate number . Then, I called 911 and report accident . Police gave every information of other driver. First, I called my insurance company but they told me that I only have liability but no collision coverage so that they don’t want to get involved and ask me to call other driver insurance. So I did call other driver insurance company and file the claim and they stalling settlement . What should I do?
Do I need lawyer? I just want to claim what I lost .
Melissa Gold says
Hi, Bram. It sounds as though there might be some questions as to who’s liable for the accident. Depending on what state you live in, this could be very important. If you’re having trouble sorting the claim with the insurance company, you should call a personal injury lawyer. Your lawyer will be a trained negotiator who’s not only familiar with the law, but also with insurance policies and what should be covered. You can feel free to use the Enjuris lawyer directory to find an attorney in your state who can help. Best of luck!
Sara says
From Kentucky
Last werk, i was in terible car accident, i stoped at stop sign first in three stop intersection and was going left ,the car opposit direction(was teenager just got her liscence week ago),she came through my car and hit all my right passanger side,and my wheels got off and car shutt down,the police report put me on fault because he said i didn’t see how accident really happened so anyone goes left its his fault,i am no fault state ,unfortunatly my insurance is liabilty so they can’t fix my car,and they told me its clearly not my fault,and i should make claim with other insurance,other driver insurance was terrible agent,he told me i will not make a claim,and treated me very badly,after three days i made claim with their main office and now its up yo the claim adjuster,so what should i do,how can i get my rights? I am devasted from police report that even clearly see the damges of the car he see how the other driver didn’t stop,and no lawyer wants my case because i didnt go to to hospital or have major enjuries ,i only had bruises.
Ian Pisarcik says
Sara,
The police report isn’t binding. In fact, police reports generally can’t be admitted as evidence in court. If your claim is denied, I would recommend meeting with an attorney. The attorney can help you negotiate with the insurance company. The attorney can also help you gather evidence to support your claim (witness testimony, deposition, accident reconstruction reports, etc.).
Keep in mind that most personal injury attorneys work on a contingent-fee basis, meaning you don’t owe them a dime if they don’t recover money.
Concerned says
From Delaware
I was recently in an accident where another car pulled out into the highway just as I was approaching at 55 mph and their car was t-boned. The other person was taken to the hospital but I only had minor injuries after seeking medical attention. I did not have collision coverage and both cars were most likely totaled. There is a police report but the police never said who was at fault. My insurer says we have to wait for the other person’s to contact us and investigate who was at fault. In the meantime it is racking up charges at the tow yard and I can’t afford to rent a car to get to work. Who pays for the storage fees while this is all being sorted out?
Melissa Gold says
Hello. I’m so sorry to hear about your accident and I’m glad that you weren’t seriously injured. Unfortunately, the insurance company isn’t obligated to cover your expenses until it’s completed the accident investigation and determines what expenses are eligible for coverage under your policy. Delaware is a no-fault state, which means each driver is responsible for their own medical bills regardless of who’s at fault for the collision. You also can’t collect damages if you’re 50% or more at fault. If you don’t have collision coverage, though, you might not be protected for repairs, car rental, and other expenses.
You might need to figure out how to cover these costs out of pocket at this point. Talk with your insurance adjuster, and if you need to, you can call a personal injury lawyer for additional help. Best of luck.
Alex says
From Ohio
A friend of mine recently had an accident. The driver was intoxicated. My friend had minor injuries but his car was totaled. The police report put the other driver at fault. My friend spoke with the drivers insurance and they told him that the particular car (the driver’s) wasn’t included in the drivers policy. My friend doesn’t have an insurance yet. The last time I spoke with him he complained bitterly about it. But he told me he already contacted a lawyer. What other advice can I give him to proceed with in other to get compensation.
Ian Pisarcik says
If the at-fault driver did not have insurance, then your friend will need to sue the at-fault driver personally. Given the nature of the accident, establishing liability should be relatively easy – meaning most personal injury attorneys will be happy to take your friend’s case assuming the at-fault driver has money to collect.
insuranceplant says
From California
I agree that you want to learn about different plan types when you are choosing Motor/ car insurance. Finding the type that will be right for you would be really smart.
Car insurance is important protection not only for just your car, but for your financial liability. For instance, if you get into a car accident without insurance, you could potentially be stuck paying for hundreds of thousands of dollars based on the damages and injuries.
your all information really great, I’m interested.
Thanks
Ian Pisarcik says
Thanks for the comment! I’m glad you found the information helpful.
Irishyeyes says
From Maryland
Hi, I suffered a whiplash injury in a car accident where I was rear ended. After 2 months of physical therapy treatment, my symptoms have resolved. I have read about sending a demand letter to the insurance company but here’s my question — both myself and the at-fault driver are insured by the same company. How do I handle this?
Ian Pisarcik says
Even though you and the at-fault driver have the same insurance company, you’ll each have separate claims adjuster responsible for handling your claim. Accordingly, you should go ahead and file a claim or send a demand letter.
Depending on the extent of your injuries, it’s often a good idea to talk to an attorney before sending a demand letter so you’re certain to request the amount of damages you deserve.
Jimbo says
From Maine
I was involved in a accident a few weeks ago in a “no fault state”. I was driving a rental vehicle that I rented through an “personal car rental” app. It was not a conventional car rental agency. The night of the accident, I was driving on a 3 or 4 lane road. I wanted to merge into the right lane. I was either in the middle lane (if 3 lanes), or (if the road had 4) lanes, the second to the far right lane. I put my right blinker on and looked over my right shoulder, then decided it was safe to proceed. As I started to make the lane change, I was struck by another vehicle that was accelerating at a very high speed. I believe the posted speed limit was 40mph for this road. The driver was going at least 50 or more mph. The impact of the car I was driving was on the rear passenger side of the vehicle and was very extensive. The passenger side airbags were deployed and the cars front bumper had been damaged from the impact pushed the car into a sidewalk curb. I asked a nearby pedestrian to direct me, so that I could safely move the vehicle to a parking area. I was in shock and didn’t exit the vehicle for at least 10-15 minutes due to tingling in my arms and legs plus dizziness. During that time, two other pedestrians nearby me said they saw the accident and the other driver was speeding and did NOT have their head lights on. I asked if they could stay with me and tell the police about what they saw. One of the people said they were not able to and the other one said that they could stay only for a few minutes. Much time went by as I was still inside of the car not sure if I should seek medical attention or not. The police finally showed up over a half hour after the accident. By this time, the potential witness was not in sight. I couldn’t get any information from them to give to police as the first person left before I could ask and the person who waited was not at the scene by the time police came. Plus I feel that people were afraid to get to close to anyone else because of Covid. When the police finally arrived about 45 minutes to an hour after the accident the officer took statements from myself and other party. Then the officer had abruptly left, on what seemed to be an emergency call. I proceeded to take pictures of the car I was driving. But I couldn’t see the other drivers car because he parked in a far and unfamiliar location. I was asking the other party if the police officer gave any information on how we should proceed. I was handed a note by the cars owner (that showed up after the accident) with the incident report number, as well as the police officer’s information. When I returned home a few days later, I got accident information from the police department. Come to find out that the teen driver and his friends claimed that I cut them off aggressively and was fully at fault of the accident. Mind you that while the officer at the scene took everyone’s information, we were all distanced a good amount so I couldn’t hear any accusations being made. This is very unsettling as I’m now being falsely accused of causing this accident. I’ve been very cooperative with the rental company’s insurance and my own personal insurance company. I’ve giving my statement as well. I don’t think it’s a good idea to talk to anyone from the third parties insurance at this point. They have been continuously trying to contact me. The official officers report also said “because of conflicting statements by the parties involved, fault could not be determined.” I’m confused about how to proceed. I have been feeling a lingering pain in my back lately, but am afraid to seek treatment because if for some reason I’m found at fault, I cannot afford any medical costs. I’m not sure if there’s enough ground to hire any attorneys. The pictures that I took show compelling evidence that the other vehicle may have been going at very high speeds, due to the damage sustained by the vehicle I was driving. I’m hoping that the insurance companies do a thorough investigation and conclude that I am NOT at fault for this accident. If anyone has any advice or any information on how to proceed or anything else, I welcome your assistance and insight. Thank you.
Melissa Gold says
Hello, Jimbo. I’m sorry this happened. It sounds like you’ve done the right things by communicating with your insurance company and the insurer for the rental car. You’re under no obligation to talk with the other driver’s insurance company. BUT, that doesn’t mean you can ignore the situation, either. It’s probably a good idea to find a lawyer in this instance because there are questions about liability. A car accident can be worked out between insurance companies, but often this is least problematic when liability is clear and there aren’t questions of fact. The insurance companies likely will hire (or already have hired) accident investigators who can make some determinations based on physical evidence at the scene. The police reports will also be important, even if they don’t indicate fault.
It’s unfortunate that your witnesses are no longer available… certainly, it’s difficult to keep a witness at the scene to wait for police and hesitance to be around people during covid is also understandable. Again, though, hiring a lawyer is your best option for navigating liability and protecting your interests.
With respect to your back pain… it sounds as though it might be hard to prove that it’s the result of the accident, but you certainly should seek medical care if you need it. Some conditions can become worse if not treated quickly.
You’re welcome to use the free Enjuris directory to find a Maine lawyer who can help: https://www.enjuris.com/directory/lawyers/maine/. This sounds like a complicated situation and your lawyer can help you through. Best of luck.
halison says
From Washington
Hi I got in an accident over 7 years ago, I was uninsured so I have been making monthly payments since then. Anytime I request information on what I am paying for, nobody gives it to me. I have paid over 10 thousand dollars, finally I got ahold of someone who was able to tell me that the not at fault party claimed a spinal injury, if the police report says no injuries to any parties, is there a way to get all the money I paid for this back?
She was up walking around and laughing with me at the accident, as I had my almost 2 year old son with me, and she was trying to comfort him.
She did not have collision coverage at the time, but had liability and PIP coverage.
Do you think this is a fraudulent claim?
Ian Pisarcik says
I would need to know more about your situation to answer this question. Was a judgment entered against you or did you enter into a written agreement with the injured party? Keep in mind that police reports are not conclusive and, in most cases, aren’t admissible in court.
Mike says
From Maryland
I got hit by a drunk driver. The police report said it’s the other driver’s fault, and the other driver’s insurance company accepted a full responsibility. However, my car was totaled, and the damage exceeded other driver’s insurance policy. My insurance company used
UIM to cover the amount the other driver’s insurance company could not pay. It sounds unfair to me if my premium will go up. Also another concern is if I should use my PIP. My PIP won’t be enough to cover all medical bills and my wage loss. Should I use my PIP then ask the other driver’s liability? I’m afraid if the other driver’s liability is extremely low because they could not pay a full amount for my car damage.
Ian Pisarcik says
Your insurance company can’t raise your rates based solely on filing a UIM claim.
If your PIP doesn’t cover your medical expenses, you should file a claim with the at-fault driver’s insurance company. The minimum insurance required for bodily injury ($30,000) is higher than property damage ($15,000). If your injuries exceed coverage, you can file a lawsuit against the at-fault driver personally for the additional damage.
Lois Hess says
From Florida
Hello. I’m so sorry to hear about your accident, and I’m glad that you weren’t seriously injured. Last day I had an accident & I need to the insurance company, but I didn’t know how I manage. Your tips will be helpful to me. Thanks for sharing this article.
Ian Pisarcik says
Thanks for reading!
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Ian Pisarcik says
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jenn says
From California
Someone hit my parked car head on outside my home at 2pm on a Friday. Our neighbor down the road who is a nurse worked a really long shift and hit my car because he fell asleep at the wheel. My rental was supposed to be covered but I had to pay $300 out of pocket because of “limits issue” and only had a car for a few days. Their insurance only covers $5k and my 2017 honda accord touring is going to be a total loss. We have gap insurance but we were wondering if we have a case or can sue? or what we can do? His insurance wont help and mine is trying to get that 5k from them. I work 30 miles from home and I havent had my car in almost a month. I have lost time & money through no fault of my own..any advice is welcomed! thank you!
Melissa Gold says
Hi, Jenn. Sorry to hear this happened! Under California law, there are 3 ways to recover damages: 1. File a claim with your own insurance company; 2. Make a 3rd party claim against the at-fault driver’s insurance policy; or 3. File a personal injury lawsuit against the at-fault driver if you can’t get satisfaction through the insurance companies.
However, the amount covered for a rental car is subject to the insurance’s policy’s coverages and limits. Different insurers have various types of coverage for a rental car and the amount of time they’re included. Unfortunately, while some insurance would cover lost work time for an injury, it’s not going to cover lost work time for lack of transportation.
It sounds like you might need a California personal injury lawyer to help you navigate this process. You have “your” insurance company, but they’re not always going to advocate for your best interests — you need a lawyer for that. Your lawyer will be able to review the insurance policies involved and help you to get the coverage to which you’re entitled. You can also read more about California car insurance: https://www.enjuris.com/california/car-accident/car-insurance-laws.html. Best of luck!