Got rear-ended: any reason not to go through my ins?

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new2bogle
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Got rear-ended: any reason not to go through my ins?

Post by new2bogle »

I was rear-ended yesterday, other driver got a citation/ticket, I got nothing. I believe she will try to fight it based on her comments "he cut me off without signaling".

Is there any reason not to go through my insurance company? I have heard that my rates can go up if I go through my own ins even though I am not at fault (TX is not a no-fault state). Is that true? I would really much rather have my insurance company do all the work since that is part of what I pay them for.
psteinx
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Re: Got rear-ended: any reason not to go through my ins?

Post by psteinx »

Have had 2 vehicles in our family rear-ended in last 4 years - both ended up being totalled. In both cases, to my recollection and understanding, there was no insurance hit on our side - claims were made against/paid by other's insurance, with no insurance impact on our side.

For the most recent one, my 17 year old daughter was driving. I called our State Farm rep, spoke to the secretary/admin/whatever, and talked through the scenario a bit. My understanding was that if there was nothing paid out (i.e. if the other insurer covered it all), it wouldn't affect our insurance. In fact, that's what's happened (barring some change in our insurance that hasn't showed up yet (accident was a few months ago) or that I haven't noticed).

So, it's PROBABLY reasonable to at least call your insurance company and check in. I can't say for certain, but it seems unlikely an initial call will create grief, assuming the other party's insurance ultimately covers it.

Also, while it's possible that the other driver's argument/story may cause her insurer to fight a claim, it's quite possible, perhaps likely, that given that it was a rear ending, and that the other driver got a citation/ticket, that her insurer will cover your damages without serious dispute. i.e. Her insurance company presumably will evaluate what their chances are of winning, likely costs to dispute, etc., if it became a court battle. My guess is they would lose. But I'm not a lawyer, and I'm not in Texas.
Last edited by psteinx on Fri Jun 23, 2017 1:30 pm, edited 1 time in total.
skepticalobserver
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Re: Got rear-ended: any reason not to go through my ins?

Post by skepticalobserver »

Contact the other driver's carrier. If they've been cited in all likelihood that's enough to establish liability. Their carrier will probably have an adjuster look at your car and offer a sum to fix it, send you to a repair shop of your choice or some other arrangement. If you suffered personal injury damages do not communicate with the carrier but use an attorney for the property and PI matters to handle the negotiation.
Rupert
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Re: Got rear-ended: any reason not to go through my ins?

Post by Rupert »

new2bogle wrote:I was rear-ended yesterday, other driver got a citation/ticket, I got nothing. I believe she will try to fight it based on her comments "he cut me off without signaling".

Is there any reason not to go through my insurance company? I have heard that my rates can go up if I go through my own ins even though I am not at fault (TX is not a no-fault state). Is that true? I would really much rather have my insurance company do all the work since that is part of what I pay them for.
Insurance companies will typically not raise your rates for a single accident that wasn't your fault. If you have multiple accidents that are not your fault, however, they will. (At some point, people do begin to question your driving habits if other people are constantly running into you.) So, with that caveat, fear of increased premiums is typically not a reason to avoid filing a claim on your own collision policy under these circumstances. When you go through subrogation (i.e., file on your own collision policy and let your ins company collect from the other driver for you), it can take longer to completely resolve your claim, however. So that's one valid reason to avoid going through your own company. It typically works like this: You file on your own collision policy. Your ins company processes your claim through its collision department. Your car is repaired quickly, but you may have to pay your deductible out of pocket. Then your ins company transfers the file to their (usually separate) subrogation department, which contacts and haggles with the other driver's ins company. The claim is resolved. If resolved in your favor, the at-fault driver's ins company reimburses your ins company for what it paid to fix your car plus your deductible, and your ins company then reimburses you for the deductible. A claims adjuster with my ins company once told me that subrogation can add 3-6 months to the claim resolution process.

And note that there are some damages that your ins company cannot collect for you through subrogation. So you'll have to negotiate with the other ins company directly to collect those damages. In my state at least, those damages include diminished value of your car and some incidentals, such as the cost of getting a copy of the accident report from the police.
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Re: Got rear-ended: any reason not to go through my ins?

Post by bertilak »

I have been in several (just short of "many?") accidents where I was not to blame. I ALWAYS notify my insurance agent. If the other party contests things your insurance will fight for you.
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acunn
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Re: Got rear-ended: any reason not to go through my ins?

Post by acunn »

My rear end experience was that the other carrier contacted me very soon after accident and made all arrangements. If they got the citation AND they have a good carrier then I hope your experience is similar. I notified my insurance agent as an FYI but since my insurance never had to pay anything, my rates were not affected. Best wishes!
barnaclebob
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Re: Got rear-ended: any reason not to go through my ins?

Post by barnaclebob »

Be sure to look into a diminished value claim as well.
ponyboy
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Re: Got rear-ended: any reason not to go through my ins?

Post by ponyboy »

People pay insurance then never want to use it...I will never understand.

Call your insurance and file a claim. Let them do the leg work. You pay them to do things like this. nuff said
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Re: Got rear-ended: any reason not to go through my ins?

Post by Liberty1100 »

Looks like the general consensus is that there is not a penalty to go through your insurance when you are not at fault.

Also, this:
barnaclebob wrote:Be sure to look into a diminished value claim as well.
You should look into this as well. It is money you are owed for lowering your car's value even after it is repaired using OEM parts and certified repair shop (a repair shop work is valued less than a factory's work). Your car will have an "accident" on the carfax report and therefore valued less.
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Re: Got rear-ended: any reason not to go through my ins?

Post by Jack FFR1846 »

I tend to start out going to the other insurance company first. Ask them if they'll pay for a rental car while yours is in the shop. Gauge how cooperative they are and go with that. If they ok a rental and let you fix the car someplace where you want it fixed, you're golden. (still, of course report it to your own company). If they become difficult, send it directly to your own insurance. I don't pay for rental car insurance so won't get that if I go through my own insurance but have had other insurance companys pay for it. Especially if you check the "Were you injured....yes" box on the police report. They're going to want that final check signed releasing them as soon as possible and paying for a rental car is nothing compared with a single medical bill.
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dbr
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Re: Got rear-ended: any reason not to go through my ins?

Post by dbr »

Is it an option to be involved in an accident and not notify your insurance company? -- at least so far as accidents with police reports and damages actually paid out by another company. What happens if the other driver or their company sue you for fault even if concocted after the fact and your company was not notified at the beginning?
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bengal22
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Re: Got rear-ended: any reason not to go through my ins?

Post by bengal22 »

I would notify your insurance agent. They can work with the person at fault's insurance coverage and save you the hassle. Never had a rate increase for my 3 incidents(one our fault: two others).
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mrc
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Re: Got rear-ended: any reason not to go through my ins?

Post by mrc »

Contact your carrier. They will look for indemnification from the other driver's insurance company. This shouldn't affect your rates at all.
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munemaker
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Re: Got rear-ended: any reason not to go through my ins?

Post by munemaker »

ponyboy wrote:People pay insurance then never want to use it...I will never understand.

Call your insurance and file a claim. Let them do the leg work. You pay them to do things like this. nuff said
I agree completely! That's what they are there for.
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Re: Got rear-ended: any reason not to go through my ins?

Post by boglegirl »

new2bogle wrote:I was rear-ended yesterday, other driver got a citation/ticket, I got nothing. I believe she will try to fight it based on her comments "he cut me off without signaling".

Is there any reason not to go through my insurance company? I have heard that my rates can go up if I go through my own ins even though I am not at fault (TX is not a no-fault state). Is that true? I would really much rather have my insurance company do all the work since that is part of what I pay them for.
You should notify your insurance company. My daughter was involved in a rear-end collision in which the other driver "cut her off without signaling" as your other party called it. Our insurer initially assigned her 100% of the blame, but based on her statement and the diagram submitted of the accident, as well as the physical damage to the cars, she was eventually responsible for only 25% of the blame. (she had damage to the right front end, while the other driver's damage was the left rear end, which indicated the other driver had only made it partially into my daughter's lane).

What was strange in our case was that both parties had USAA. So USAA was going to pay for the damage to both cars no matter what, it was just a matter of who had to pay their deductible and whose liability got charged. We typically carry high deductibles, so it was nice that we only had to pay for 1/4 of the deductible. USAA assigned an adjuster to each party and according to ours, the other party was furious at how the blame was assigned. I'd have loved to hear their side of the story explaining how that damage happened.
sharpjm
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Re: Got rear-ended: any reason not to go through my ins?

Post by sharpjm »

barnaclebob wrote:Be sure to look into a diminished value claim as well.
+1

The last time I was in an accident, a guy backed into me while he was backing out of a parking space at like 5 mph. The damage was maybe 2-3k. Insurance paid to fix my car then cut me another check for $1500 after I filed diminished value claim.
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JaneyLH
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Re: Got rear-ended: any reason not to go through my ins?

Post by JaneyLH »

I was rear-ended by a drunk driver at 10 am (!) while stopped at a red light. He must have passed out because he hit me going about 45 mph and never braked. Was hit on trailer hitch and frame bent -- totaled the vehicle. He had no insurance and went to state prison (hit and run but was caught immediately) so my uninsured motorist coverage took the hit. My rates did not go up, even though they had to pay on a 6 month-old vehicle and 4x my medical bills. I also had two roof leak claims and one they handled against a drunk boater who ran into our boat while it was tied up in a slip. Luckily we were there and saw the whole thing. His home insurance winded up paying. Still haven't had an increase in rates. Have had State Farm for at least 20 years and am a very satisfied customer.
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Crimsontide
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Re: Got rear-ended: any reason not to go through my ins?

Post by Crimsontide »

I'm in Texas and was recently rear-ended as well. The other driver was issued a citation and this was clearly noted on the police report. I did not file with my insurance, I filed with his. If you have the other driver's insurance information and a police report clearly showing them at fault then file away against their insurance. No need to contact your insurance agent unless you just want to keep them informed for whatever reason (I called mine to let them know the car was totaled and no longer need to be covered). Also, the entire process was much easier than I imagined it to be and negotiating with the insurance adjuster was actually kind of fun, the games they try to play are well documented on the internet so I was well prepared for what was coming... And lastly, do not be in any hurry to settle, medical issues resulting from being rear-ended may not be noticed right away.
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Re: Got rear-ended: any reason not to go through my ins?

Post by BolderBoy »

skepticalobserver wrote:Contact the other driver's carrier. If they've been cited in all likelihood that's enough to establish liability. Their carrier will probably have an adjuster look at your car and offer a sum to fix it, send you to a repair shop of your choice or some other arrangement. If you suffered personal injury damages do not communicate with the carrier but use an attorney for the property and PI matters to handle the negotiation.
Hah! I will never go this route again; I'll contact my own insurance folks and let them handle it. Here's why.

I'm tooling down a non-busy interstate doing the speed limit in the passing lane to pass a truck pulling a trailer and the auto in front of him. At the last moment, the truck pulls in front of me, the trailer blows a tire completely off the rim and, unable to avoid the flying pieces, my auto is struck and damaged.

We both pull over. I call the cops who ultimately issue the truck driver a ticket for faulty equipment. When I get home the next week, I call his insurance. The very nice agent arranges for an adjuster to come look at my car. I take the car to be fixed. Call the agent and give her the pricing, etc. She tells me that they won't pay the claim and could care less who was at fault. She says that 1) the outside temp that day was >100 meaning that the roadway was probably >150 and therefore [insert deity of choice] was responsible for causing the tire failure and 2) once the tire left the trailer it became road hazard detritus and no longer the truck owner's property. The #2 argument rather enraged me.

I threatened to sue the truck owner (who lived in another state). She said, "Do what you have to do." So I did sue the truck owner. My only statement in the Complaint (small claims) was, "Defendant's vehicle malfunctioned and damaged my vehicle." The judge asked the defendant if it was true and he said, "Yes." The Court instantly found against the defendant and awarded me all my costs (except the rental car).

When we left the courthouse the defendant was stunned that he had lost. Said his insurance agent had told him I was trying to run a scam. I told him to watch what happens next.

I got home and faxed a letter and the court decision to his insurance agent. In the letter I made reference to the defamatory claim the defendant had alleged that the agent had made to him about me and that she should probably prepare her superiors for the really big lawsuit that was coming next.

By overnight FedEx I got a check for about double what the judge had awarded me.

All of this took a total of 6 months. Had I simply called my insurance company with the incident info, they'd have likely taken care of it in a month or so and saved me a whole bunch of nuisance.
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hmw
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Re: Got rear-ended: any reason not to go through my ins?

Post by hmw »

I was reared ended earlier this year. I went through my own insurance company and it went smoothly. I was told that my rate would not go up since I was not at fault. I live in TX.
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new2bogle
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Re: Got rear-ended: any reason not to go through my ins?

Post by new2bogle »

Thank you all for the responses. The ones with personal experience (even in TX!) are helpful. I did go ahead and file with my insurance, as I figured I pay them to deal with this so that I don't have to.

I will need to look into diminished value. Will I do this through my insurance company as well (and they will collect for me)?

For pain, I am seeing a chiropractor. I will tell my insurance company as well so they can coordinate payment to him as well.

Thanks.
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Nate79
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Re: Got rear-ended: any reason not to go through my ins?

Post by Nate79 »

new2bogle wrote:Thank you all for the responses. The ones with personal experience (even in TX!) are helpful. I did go ahead and file with my insurance, as I figured I pay them to deal with this so that I don't have to.

I will need to look into diminished value. Will I do this through my insurance company as well (and they will collect for me)?

For pain, I am seeing a chiropractor. I will tell my insurance company as well so they can coordinate payment to him as well.

Thanks.
You can ask your insurance company about the diminished value but usually I believe you must file this directly with the at fault insurance company.
Rupert
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Re: Got rear-ended: any reason not to go through my ins?

Post by Rupert »

Nate79 wrote:
new2bogle wrote:Thank you all for the responses. The ones with personal experience (even in TX!) are helpful. I did go ahead and file with my insurance, as I figured I pay them to deal with this so that I don't have to.

I will need to look into diminished value. Will I do this through my insurance company as well (and they will collect for me)?

For pain, I am seeing a chiropractor. I will tell my insurance company as well so they can coordinate payment to him as well.

Thanks.
You can ask your insurance company about the diminished value but usually I believe you must file this directly with the at fault insurance company.
Your ins company can only collect for you through subrogation monies that it actually owes you under your own policy. Some states require ins companies to pay diminished value under a collision policy but most don't. So check your policy. If you are allowed to claim diminished value under your policy, then your ins company can collect it for you. Note that I think there are some states that don't permit you to collect diminished value at all.
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new2bogle
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Re: Got rear-ended: any reason not to go through my ins?

Post by new2bogle »

Crimsontide wrote:And lastly, do not be in any hurry to settle, medical issues resulting from being rear-ended may not be noticed right away.

Thanks for the heads up. I will not be... the day of I seemed not too bad, but today I woke up with a very stiff neck.
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SmileyFace
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Re: Got rear-ended: any reason not to go through my ins?

Post by SmileyFace »

I would ALWAYS go through insurance - you are paying them to help you take care of things even in a non-fault accident.

Is there "any reason" not to - well yes but I wouldn't focus on it. The accident will end up on a car-fax.
I sustained a small dent and scratch on a bumper when someone rear-ended us - certainly wanted it fixed since it wasn't my fault so put it in the claim. The other insurance paid - no problems. Fast-forward several years and when we go try to sell the car or trade in the car there is an "ACCIDENT!!" in big red letters on the Car-Fax that everyone pulls. Even though the damage was very minor and the bumper replaced it became very hard to get full trade-in or private-sale value for the car without a perfectly clean record. Everyone wants to devalue based upon it.
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dm200
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Re: Got rear-ended: any reason not to go through my ins?

Post by dm200 »

new2bogle wrote:I was rear-ended yesterday, other driver got a citation/ticket, I got nothing. I believe she will try to fight it based on her comments "he cut me off without signaling".
Is there any reason not to go through my insurance company? I have heard that my rates can go up if I go through my own ins even though I am not at fault (TX is not a no-fault state). Is that true? I would really much rather have my insurance company do all the work since that is part of what I pay them for.
If the other driver was not "hostile", I might just go to her insurance company. However, in this situation, notify your insurance company right away so they can be well prepared to fight her assertions.
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Re: Got rear-ended: any reason not to go through my ins?

Post by wfrobinette »

new2bogle wrote:I was rear-ended yesterday, other driver got a citation/ticket, I got nothing. I believe she will try to fight it based on her comments "he cut me off without signaling".

Is there any reason not to go through my insurance company? I have heard that my rates can go up if I go through my own ins even though I am not at fault (TX is not a no-fault state). Is that true? I would really much rather have my insurance company do all the work since that is part of what I pay them for.
In almost all cases a rear end collision is the fault of the driver that did the rear ending. She can fight all she wants but with no whiteness besides the 2 of you and a ticket issued by the cop her insurance is paying for this. Call her insurance and tell them you want the car fixed plus rental.

I was in a 3 car accident. I was in front, car behind me got hit by car behind him and slid into me. Last driver in line paid for my car and the one he hit.
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new2bogle
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Re: Got rear-ended: any reason not to go through my ins?

Post by new2bogle »

I called my ins company and they gave me the option of going through them or the at-fault's company. I asked if there was a difference, and there really wasn't. My insurance company assured me that if the other ins company did not pick up the entire bill then they will get involved and help me out, but it was my choice how to start.

I opted to leave my ins out of it for now, they know it happened and will step in if I want them too. My car is perfectly drivable. Other ins agent already called and took my statement, said from the sounds of it his client is liable but that he had not spoken to her yet.

Here's the plan in my head:
1) Get my car fixed and have them pay for rental. Since I am not going through my ins company there is no deductible. (near term)
2) Figure out my injury status, file for claim (mid- to long-term, though hopefully not too long) --> will take advice of my Dr here and not settle quickly. I am not looking to make money here.
3) File for diminished value. on a 7 year old camry it's probably not too much, but I'll try.
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new2bogle
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Re: Got rear-ended: any reason not to go through my ins?

Post by new2bogle »

wfrobinette wrote:I was in a 3 car accident. I was in front, car behind me got hit by car behind him and slid into me. Last driver in line paid for my car and the one he hit.
This is why I have high insurance limits plus an umbrella. Sometimes things just happen and you should be insured for it. (When I used to live in CA I kid you not most cars I would see were $60k+ (new))
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Re: Got rear-ended: any reason not to go through my ins?

Post by wfrobinette »

new2bogle wrote:
wfrobinette wrote:I was in a 3 car accident. I was in front, car behind me got hit by car behind him and slid into me. Last driver in line paid for my car and the one he hit.
This is why I have high insurance limits plus an umbrella. Sometimes things just happen and you should be insured for it. (When I used to live in CA I kid you not most cars I would see were $60k+ (new))
I have to carry high limits to get umbrella. They just kill me here in NJ. 2x what I was paying in PA.
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new2bogle
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Re: Got rear-ended: any reason not to go through my ins?

Post by new2bogle »

Update: other driver's insurance agent has not been able to reach his client. It's been 16 days now (including the holiday). I'll give him another day before I either: 1) have my insurance apply pressure or 2) lawyer up. Since car is drivable and my chiro is very reasonable (willing to not get paid until it is all resolved) I am almost want to go to route 2. Maybe I'll call a couple up on Monday (if still no response) to see how the process works.
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