[OT] insurance claim question

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/FFF/ - 29 Mar 2004 22:21 GMT

Hi all, sorry for the OT.
FWIW, it does affect the GT Wagon I bought the day before ;(

I need some advice on how to proceed in a small car ins/ claim:

My wagon was backed into while parked in a public lot (New York State).

Myself and the other driver exchanged insurance info and agreed to get an
estimate from a body shop and perhaps settle privately first before filing a
claim.

In case there is a problem with the private settlement, I will need to file a
claim.

I understand I have to file with my own insurance, and would receive
reimbursement from them for damages in excess of my $500 deductible.

My questions:
1. Am I out $500 anyway or do I go after the other driver's insurance company?
2. If I involve my insurance company (Geico), are my rates going to increase?
3. Are my rates going to increase just for being hit while parked?

FFF

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Jim Stewart - 29 Mar 2004 22:38 GMT

> Hi all, sorry for the OT.
> FWIW, it does affect the GT Wagon I bought the day before ;(
[quoted text clipped - 9 lines]
> In case there is a problem with the private settlement, I will need to file a
> claim.

Disclaimer: I am not a lawyer and this is not legal advice.

Not necessarily. You may be able to take him to small
claimes court for the amount.

> I understand I have to file with my own insurance, and would receive
> reimbursement from them for damages in excess of my $500 deductible.

You should *not* be out $500. Again, if your insurance
doesn't cover it, you can take him to small claims court.
You did nothing wrong and you are entitled to a full
settlement.

> My questions:
> 1. Am I out $500 anyway or do I go after the other driver's insurance company?
> 2. If I involve my insurance company (Geico), are my rates going to increase?
> 3. Are my rates going to increase just for being hit while parked?
>
> FFF

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/FFF/ - 29 Mar 2004 23:04 GMT

> Disclaimer: I am not a lawyer and this is not legal advice.
>
[quoted text clipped - 8 lines]
> You did nothing wrong and you are entitled to a full
> settlement.

Thanks, Jim.

But consider this: it's really not the other guy's fault that I have a $500
deductible. Common sense tells me his insurance should pay in full - if he
wanted to avoid a premium hike, he could pay out-of-pocket.

The absurdity starts with the fact that I even have to hit up my own insurance
for the damage caused by another -insured- driver.

florian

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thestick - 29 Mar 2004 23:58 GMT

> > Disclaimer: I am not a lawyer and this is not legal advice.
> >
[quoted text clipped - 19 lines]
>
> florian

first of all like Jim
Disclaimer: I am not a lawyer and this is not legal advice.

If you go through your insurance, you might be out the $500, or maybe not.

You will have to pay at first, but if the insurance company decides it's the
other guys fault they could take it to subrogation. There they will try to
get the money they put out back from the other insurance company. While
they are trying for their own money they will try to get your deductable
back as well. It's all negotiable. You could get none, a part or all of it
back.

g

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Rob Aries - 30 Mar 2004 19:50 GMT

A few years ago I was in an accident where another car slid into me. I
called my insurance agent right on the spot, he told me I was in a
"no-fault" state, to make a claim on MY insurance (which had a $500
deductible), THEN "maybe" a year later the lawyers from both insurance
companies decide what "percentage" each driver is at fault and after
settlement I "might" get some of my deductible back.

I DID NOT take this advice. The other driver admitted liability. HIS
insurance company actually contacted me! I brought the car to a body
shop, his insurance co. sent an adjuster, approved the repairs, and cut
me a check for the full amount.

Disclaimer: I'm not a lawyer or expert on the insurance industry, but
based on my experience I would say that if the other driver admits
liability in your situation, you should be in contact with HIS insurance
co, and they should take care of you. Good luck!

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Cam Penner - 29 Mar 2004 23:59 GMT

> > Disclaimer: I am not a lawyer and this is not legal advice.
> >
[quoted text clipped - 17 lines]
> The absurdity starts with the fact that I even have to hit up my own insurance
> for the damage caused by another -insured- driver.

Around HERE, this is what would happen.

1) You would report the accident to your insurance company
(and possibly the police if it was over $XYZ or involved
personal injury)

2) You would give your insurance company the details of the
other driver

3) Your insurance company would contact his. (here it's
easy because it's all the same)

4) You would take your car to be repaired, and the body
shop (if on the approved list) would require only the
repair auth number. The insurance co. would pay them
directly.

5) You would have a fixed car

6) The guy who hit you would have increased premiums

Even going through insurance, many insurance companies give
the driver at fault the option of paying THE INSURANCE
company the full amount of the settlement. This leaves you
out of that loop, as it should.

Muddy as heck, eh?

Signature

Cam
'02 RS

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Chris Phillipo - 30 Mar 2004 02:48 GMT

> > Disclaimer: I am not a lawyer and this is not legal advice.
> >
[quoted text clipped - 14 lines]
> deductible. Common sense tells me his insurance should pay in full - if he
> wanted to avoid a premium hike, he could pay out-of-pocket.

Maybe things are different where you are but here your insurance company
should not even be entering into it if it's his fault and he has
insurance, therefore you shouldn't be paying a deductible to anyone. He
is paying one to his company who is in turn paying your bills. What
exactly is your insurance company paying for?

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Florian Feuser /FFF/ - 30 Mar 2004 05:19 GMT

> Maybe things are different where you are but here your insurance company
> should not even be entering into it if it's his fault and he has
> insurance, therefore you shouldn't be paying a deductible to anyone. He
> is paying one to his company who is in turn paying your bills. What
> exactly is your insurance company paying for?

Paper work? Accident research, lawyer fees, etc.?

Again, according to common sense you're right.

I'll post as I find out more.

florian

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Chris Phillipo - 30 Mar 2004 14:49 GMT

> > Maybe things are different where you are but here your insurance company
> > should not even be entering into it if it's his fault and he has
[quoted text clipped - 9 lines]
>
> florian

The last tme my car was hit I didn't even call my insurace company and I
got paid. I don't see any reason to involve them unless the party at
fault isn't paying.

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HarryS - 03 May 2004 07:41 GMT

> > Disclaimer: I am not a lawyer and this is not legal advice.
> >
[quoted text clipped - 19 lines]
>
> florian

Round 'ere, no such thing as "no fault". In the eyes of the lawyers your
where in the wrong place at
the wrong time, that lead to you being involved. Basically if you wern't
there at that time you wouldn't have been hit.
Logical crap in my view, but I'm not a Lawyer....but I do know that wrong
place wrong time means "25% in the wrong"
Nothing to do with excess payments however. How well to you know the crash
repairer.
They have been known to give a "discount" once the claim is paid.
Just a $0.02 thought....no idea if it helps any :-)

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CompUser - 03 May 2004 10:28 GMT

> Nothing to do with excess payments however. How well to you know the crash
> repairer.
> They have been known to give a "discount" once the claim is paid.
> Just a $0.02 thought....no idea if it helps any :-)

Around here, that's called insurance fraud, and
people go to jail for it. ;-)

Steve

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Walt Kienzle - 30 Mar 2004 05:05 GMT

[snip]

> My questions:
> 1. Am I out $500 anyway or do I go after the other driver's insurance company?

I don't recall if New York is a "no fault" state. If it isn't, you should
contact the other driver's insurance company. They should pay everything,
including the $500 unless there is a dispute. If everything goes well, you
won't have to contact your agent/insurance company. But they might find out
anyway, because all the big insurance companies report these events to a
central database.

If New York is a "no fault" state, it is my understanding that you (or your
insurance company) has to pay for the repairs and you are not likely to get
anything out of the other party or their insurance company. If you don't
know if you live in a no fault state, your insurance agent, neighbor, or
co-worker can provide you with this information.

> 2. If I involve my insurance company (Geico), are my rates going to increase?

I was involved in an accident where my insuance paid a claim made by another
driver. My insurance didn't go up by more than a few dollars - most likely
it would have gone up that much anyway. But then I am a long time customer
of State Farm, not Geico, and live in Illinois.

> 3. Are my rates going to increase just for being hit while parked?

In the past, insurance rates didn't go up if your insurance didn't have to
pay a claim. Things might be different now that insurance rates are going
up for any reason companies can contrive. State Farm will "forgive" one
claim every 3 years. Geico might be different. It could be worse - at
least you don't live in New Jersey.

> FFF

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