Dealing with Insurance Companies

Q: Do I have to wait until my personal injury claim is settled to resolve my vehicle damage claim?

A: No.  In most cases the vehicle, or property damage ("P.D. ") claim is settled within a few weeks of the accident.

Q: Is there any reason for me to delay settling my vehicle damage claim?

A: Usually not.  Delaying settlement can result in unnecessary storage fees, depreciating car values, increasing repair costs, and the possibility of additional damage unrelated to the accident which may give the insurance company an excuse not to pay you.  It is also your duty to mitigate, or minimize your loss.  For example, just because your car is damaged doesn't mean you can stay home from work and claim lost earnings.  You must take the initiative to resolve the vehicle damage claim.

Q: Should I use my own collision coverage?

A: Yes.  Your insurance company has a duty to deal with you fairly and in good faith.  Your collision coverage is a quick way of getting your car repaired.  You will have to pay the deductible, but your insurance company will pursue the responsible driver's insurance company to recover the collision payment for itself and the deductible for you.

Q: How does the deductible work?

A: The deductible is the amount you will have to pay toward the cost of repairs.  The higher the deductible, the smaller your insurance premiums.

Q: Won't my rates go up if I use my own insurance coverage?

A: No.  Under most state laws your insurance company cannot raise your rates, or cancel your coverage for making a claim that is not your fault.

Q: Can I settle with both my insurance company and the other driver or his insurance company for the same vehicle damage?

A: No.  If the other driver or his insurance company pays you for your damages after your own company has paid you, you are obligated to return the insurance money to your insurer.

Q: What if I don't have collision coverage?

A: If you are not at fault for the accident the responsible driver's liability insurance coverage should pay for your vehicle damage.  You are still obligated to report the details of the accident to your insurance company.

Q: Who will I be dealing with?

A: A property damage adjuster, or appraiser from the claims office of either your insurance company, or the insurance company of the responsible driver.  You will be given a claim number and directions on where and when you car will be inspected.

Q: Should I give the insurance company a recorded or written statement of the facts of the accident?

A: No, if you are dealing with the other driver's insurance company.  If you are dealing with your own insurance company you may be obligated under your policy to give a statement, but request a copy of any statement given.  In either situation, do not discuss the specifics of your personal injuries.  Simply advise the insurance company that your attorneys are handling that portion of your claim and refer questions regarding your injuries and treatment to your counsel.

Q: What if the responsible driver is uninsured and I don't have collision coverage?

A: Contact your Department of Motor Vehicles.  Some states have laws providing for the suspension of the uninsured at-fault party's driving privileges until your vehicle damage claim is paid.