I got into a car accident. What should I do to get the most out of the person at faults insurance company?

NoneOtherThan

You can only go after her insurance company for injuries and vehicle damages.

Even if you feel that you and your wife were not injured, PLEASE go get checked out anyway and DO NOT tell the insurance company that you aren't hurt until you have a doctor check you out. It is possible that there is soft tissue damage that will not cause you pain until days or weeks afterwards. She is required to have personal injury liability on her vehicle coverage in a case like this where she is responsible for the accident, so that will pay for any reasonable medical bills.

I interned as a claim adjuster last summer and the main thing you will hear in a claim such as this is that YOU were the one that ran a light or something like that. Did you see the other car coming? Were you trying to beat her to turn? Those are the types of questions that you have to be prepared for. You will need an independent witness, police report, or some other type of evidence to prove this. If the woman was arrested for a DUI and fled the scene, that should be enough evidence to discredit her. In the world of claim adjusters who are often over-worked and tired of dealing with bs, NICE GUYS FINISH FIRST!! Try to be as pleasant as possible, but ALWAYS put your foot down. You will be a breath of fresh air to them.

If your vehicle is repairable, her insurance company will pay for all the damages and give you a rental while it is getting repaired. They will not compensate you for the simple fact that your car was in a wreck. If it is nor repairable, they will give you the value of your car (this varies from state to state and insurance company to insurance company). After they determine that your car is a total loss, they will also give you a rental for a few days after that.

Taking anything from the insurance company could be considered an agreement not to go after the lady in court. So what you get with the insurance company may be the end of it.

Remember: The purpose of insurance is to put you in the position you were in before you got into the accident. Make sure you stay in contact with the adjuster, but he or she has a job to do so don't expect to be given the wrld just because you were in an accident that was 0% your fault.

infoman6617

really are you hurt is your wife hurt really im sure the lady that hit you has the money to pay you and im sure the insurance is going to take care of you..... your a waste of time and money on the courts im sure you can try and get money from someone who dont have any is like getting water form a brick.....you will be lucky if you get anything sorry but your part of the problem of why our insurance is high it not the ones that dont have it its the one that cheat... you need a good pat on the back for a car chase well done

notsoplainjane

I know you're angry and you want to make this idiot pay but that is going to come back to bite you. Why don't you shoot for what's fair? Her insurer should repair your vehicle and provide you with a rental. Depending on the state diminished value may or may not be compensable, but is pretty much bs. You may be entitled to it, but its not much. No, your grief of having to chase her down is not compensable. Forgive and forget. Were you or your wife hurt in any way? Any pain at all? That is considered an injury.

Luna & Lawnboy

Report the loss to her insurance company. If your vehicle is totaled, they will offer you the Actual Cash Value(replacement cost minus depreciation). If it can be repaired, they will pay you for the damages. You may be entitled to the Diminished Value. But it will be up to you to prove your claim.

You are entitled for loss of use while your vehicle is being repaired or for as long as it is undriveable. Hopefully, she had adequate property damage liability limits.

You are not entitled to compensation for having to chase her down, that is neither bodily injury or property damage.

You may be able to sue her directly for punitive damages, but I am pretty sure that is limited to injury claims only. Not sure though. Her insurance would not cover her for punitive damages, in most states.

ahedou2

I like your premise.
Let's all get the most out of insurance companies.

CwboyBill

Her insurance company is in no way liable for the actions of some drunken lunatic so get the chip off your shoulder and forget about snaking the insurance company. If you want to play hardball then go after HER -- drag her to court and see if a judge will grant you anything (though I doubt it..). You may be entitled to some diminished value on your vehicle (depending upon what your state regs are) but be warned: it's NOT the amount of the damages -- usually 10 - 15% is a decent settlement. Your issues are NOT with the insurance company. All they are obligated to do is pay you for your loss and if you get pi$$y with them it will go very, very bad for you. Be honest, logical and reasonable with the claims people and you will go much further than screaming, crying and foot stomping. If you even hint about getting a lawyer your file will be packed-up and sent to the legal dept. and THEIR lawyers will deal with your lawyer and it will end up costing you a fortune.

oklatom

All you have to do is make the report to your insurance company, and make sure they have a copy of the police report. You were obviously not at fault in this one. Your insurance company will work with the other insurance to make sure you are fully compensated for your losses.

tom_gpp

Tell them how bad your back hurts. lol

Wunhunglo

complain of pain and mental anguish...exaggerate every little discomfort but most of all get an attorney

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