Car insurance question

jbmagic · 07-07-2005, 03:59 PM

a friend of mine got into an accident and got rear ended because my friend had to make sudden break to avoid hitting the car in front because the car in front slam her brake.

my friend only damage his back bumper.

the car that rear ended my friend car had damage to the front and front hood. the driver and passenger had to goto the hostipal for a broken ankle and passanger had stiches to her wrist/hand because of the air bag.

who fault is it?

will my friend insurance go up now?

also my friend call the insurance company and give them the police number on the police report and their info on thier insurance company, car info, name, address, etc.

they ask him if he had his own body shop he wants to take it to. he told them the name of it. and there saying there not under his insurance. so his insurance company want him to bring the car in for an estimate damage of his back bumper for appointment Monday. and he then can take the estimate to his body shop.

is that correct?

why does he have to wait for the estimate by his insurance company, instead of him not able to take it directly to the body shop?

Simms · 07-07-2005, 04:02 PM

I believe in most places, fault in rear-end collisions *always* falls on the driver doing the rear-ending. The presumption is that if they couldn't avoid the collision, then they were following too closely.

Been a few years since I was insured in the US though, so things may have changed and/or the laws may vary by state.

Franklinnoble · 07-07-2005, 04:05 PM

Depends on the insurance company. Your friend is not at fault, and the other driver's insurance should pay.

It is not unusual for an insurance company to send an adjustor out to do an estimate on the damage - but they usually come to you. I've never had one ask me to take my car someplace for the estimate.

The adjustor is just there to protect the insurance company from getting screwed by a body shop that it doesn't do business with regularly.

rkmsuf · 07-07-2005, 04:06 PM

I say you sleep with the insurance adjuster.

Flasch186 · 07-07-2005, 04:10 PM

While it is against the law for insurance companies to raise your rates based on an event not your fault it almost always occurs and I have no idea how to stop it from happening or get it reversed.

sovereignstar · 07-07-2005, 04:17 PM

Quote:

Originally Posted by Flasch186

While it is against the law for insurance companies to raise your rates based on an event not your fault it almost always occurs and I have no idea how to stop it from happening or get it reversed.

I might be of some service.

jbmagic · 07-07-2005, 04:21 PM

Quote:

Originally Posted by Franklinnoble

Depends on the insurance company. Your friend is not at fault, and the other driver's insurance should pay.

It is not unusual for an insurance company to send an adjustor out to do an estimate on the damage - but they usually come to you. I've never had one ask me to take my car someplace for the estimate.

The adjustor is just there to protect the insurance company from getting screwed by a body shop that it doesn't do business with regularly.

thanks

the estimate that the insurance adjuster gives him on his bumper, is that the total amount he is cover when he takes it to his body shop?

his insurance told him he wil get reimburse by the the car that hit him in the rear, so does it mean he has to pay the body shop out of his own pocket right?

he has car rental coverage too. $25 per day, $500 max. if the body shop takes his car to work on for a few days, does he have to goto a car rental place and have the car rental place send his inurance company the bill? or he pays and gets reimburse later?

Marmel · 07-07-2005, 04:26 PM

Quote:

Originally Posted by jbmagic

thanks

the estimate that the insurance adjuster gives him on his bumper, is that the total amount he is cover when he takes it to his body shop?

his insurance told him he wil get reimburse by the the car that hit him in the rear, so does it mean he has to pay the body shop out of his own pocket right?

he has car rental coverage too. $25 per day, $500 max. if the body shop takes his car to work on for a few days, does he have to goto a car rental place and have the car rental place send his inurance company the bill? or he pays and gets reimburse later?

Why doesn't your friend just ask his insurance company's claim department? He pays premiums in exchange for their coverage and service.

TazFTW · 07-07-2005, 04:26 PM

Quote:

Originally Posted by jbmagic

a friend of mine got into an accident and got rear ended because my friend had to make sudden break to avoid hitting the car in front because the car in front slam her brake.

Didn't Dennis Haysbert mention this scenario in an Allstate commercial? A scoot and swap or something?

Franklinnoble · 07-07-2005, 04:26 PM

Quote:

Originally Posted by jbmagic

thanks

the estimate that the insurance adjuster gives him on his bumper, is that the total amount he is cover when he takes it to his body shop?

his insurance told him he wil get reimburse by the the car that hit him in the rear, so does it mean he has to pay the body shop out of his own pocket right?

he has car rental coverage too. $25 per day, $500 max. if the body shop takes his car to work on for a few days, does he have to goto a car rental place and have the car rental place send his inurance company the bill? or he pays and gets reimburse later?

Well, like I said before, most of this depends on the insurance company. In fact, the easiest thing for him to do is simply call and ask.

The company can either cut him a check or pay the bill from the body shop - as long as it doesn't exceed their estimate without compelling justification. The company can also handle all of the rental arrangements, or simply pay him an allowance. It really depends on the company policy.

sovereignstar · 07-07-2005, 04:30 PM

Quote:

Originally Posted by Marmel

Why doesn't your friend just ask his insurance company's claim department? He pays premiums in exchange for their coverage and service.

Quit being so revolutionary, hippie!

Buzzbee · 07-07-2005, 04:31 PM

Since the car that rear ended your friend is at fault, he should file a claim with that driver's insurance company.

He could file a claim with his own company, and they will then go after the money from the other insurance company. However, doing this will leave him open to paying the deductible (which will be refunded when/if his insurance company gets reimbursed by the other driver's insurance company. It also leave him open to having his rates raised, since he *did* file a claim with his insurance company. I think that is how they skirt the law, Flasch.

Ksyrup · 07-07-2005, 04:34 PM

I can only speak as to Florida law on this subject. Florida is one of a handful of states that is No Fault. But it is only partially No Fault, pertaining to coverage of injuries. PIP coverage covers you for your medical costs, regardless of who is at fault. PD coverage covers you for property damage you cause.

Typically, you should contact your insurance company regardless of who is at fault, and go from there. The only time I've ever had a real-world experience was when the other person was clearly at fault, and I worked directly with her insurer to get my car repaired. They did have me come in for an inspection first, then gave me a list of shops I could take it to that they had pre-approved (read: had existing relationships with to spend as little as possible, I'm sure). Worked out fine in my case. But every state is different, though, so I can't tell you how things should work wherever you are.

To answer Flasch's post about your rates going up based on an accident, under Florida law there are restrictions on when your premiums can be raised or your coverage non-renewed due to accidents or traffic infractions. It's pretty complicated, but it's all laid out in Section 626.9541(1)(o)3.

Marmel · 07-07-2005, 04:39 PM

Quote:

Originally Posted by Flasch186

While it is against the law for insurance companies to raise your rates based on an event not your fault it almost always occurs and I have no idea how to stop it from happening or get it reversed.

You are with the wrong insured then. This shouldn't be happening and has never happened to me. Like most things, you get what you pay for. Rock bottom prices have their drawbacks, usually they hem and haw on claims, they raise rates whenever they legally can and their customer service generally stinks.

07-07-2005, 04:02 PM	#2
Simms FOBL Commish Join Date: Oct 2000 Location: Team Radii	I believe in most places, fault in rear-end collisions always falls on the driver doing the rear-ending. The presumption is that if they couldn't avoid the collision, then they were following too closely. Been a few years since I was insured in the US though, so things may have changed and/or the laws may vary by state. __________________ FOBL Commissioner 34 Productions Web Design

07-07-2005, 04:06 PM	#4
rkmsuf Head Coach Join Date: Dec 2001	I say you sleep with the insurance adjuster. __________________ "Don't you have homes?" -- Judge Smales

07-07-2005, 04:10 PM	#5
Flasch186 Coordinator Join Date: May 2002 Location: Jacksonville, FL	While it is against the law for insurance companies to raise your rates based on an event not your fault it almost always occurs and I have no idea how to stop it from happening or get it reversed. __________________ Jacksonville-florida-homes-for-sale Putting a New Spin on Real Estate! ----------------------------------------------------------- Commissioner of the USFL USFL

07-07-2005, 04:31 PM	#12
Buzzbee College Starter Join Date: Jun 2002	Since the car that rear ended your friend is at fault, he should file a claim with that driver's insurance company. He could file a claim with his own company, and they will then go after the money from the other insurance company. However, doing this will leave him open to paying the deductible (which will be refunded when/if his insurance company gets reimbursed by the other driver's insurance company. It also leave him open to having his rates raised, since he did file a claim with his insurance company. I think that is how they skirt the law, Flasch. __________________ Ability is what you're capable of doing. Motivation determines what you do. Attitude determines how well you do it. - Lou Holtz

07-07-2005, 04:34 PM	#13
Ksyrup This guy has posted so much, his fingers are about to fall off. Join Date: Nov 2000 Location: In Absentia	I can only speak as to Florida law on this subject. Florida is one of a handful of states that is No Fault. But it is only partially No Fault, pertaining to coverage of injuries. PIP coverage covers you for your medical costs, regardless of who is at fault. PD coverage covers you for property damage you cause. Typically, you should contact your insurance company regardless of who is at fault, and go from there. The only time I've ever had a real-world experience was when the other person was clearly at fault, and I worked directly with her insurer to get my car repaired. They did have me come in for an inspection first, then gave me a list of shops I could take it to that they had pre-approved (read: had existing relationships with to spend as little as possible, I'm sure). Worked out fine in my case. But every state is different, though, so I can't tell you how things should work wherever you are. To answer Flasch's post about your rates going up based on an accident, under Florida law there are restrictions on when your premiums can be raised or your coverage non-renewed due to accidents or traffic infractions. It's pretty complicated, but it's all laid out in Section 626.9541(1)(o)3. __________________ M's pitcher Miguel Batista: "Now, I feel like I've had everything. I've talked pitching with Sandy Koufax, had Kenny G play for me. Maybe if I could have an interview with God, then I'd be served. I'd be complete."

07-07-2005, 04:05 PM	#3
Franklinnoble Banned Join Date: Jul 2002 Location: Placerville, CA	Depends on the insurance company. Your friend is not at fault, and the other driver's insurance should pay. It is not unusual for an insurance company to send an adjustor out to do an estimate on the damage - but they usually come to you. I've never had one ask me to take my car someplace for the estimate. The adjustor is just there to protect the insurance company from getting screwed by a body shop that it doesn't do business with regularly.

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