You are under no obligation to contact the other driver’s insurance company. In general, you should avoid dealing with the other insurance company if anyone involved in the accident (you, the other driver, or a passenger) may file a claim for serious bodily injuries.
Do you call your insurance co or the other party?
Being in an accident or being the victim of a hit-and-run is one of the most stressful experiences a car owner can have, but being meticulous and prepared at the scene of the accident will make the process go as smoothly as possible. If your automobile is hit, you may not know who to contact for insurance or what information you should obtain from the other driver. We’ll go over a few things you should do at the scene of the accident before heading to the body shop in this blog.
If you’re in an accident and don’t believe you’re at fault, or if you’ve been the victim of a hit-and-run, you’ll always call your insurance company first. Many consumers are hesitant to report an accident to their insurance company for fear of seeing their rates rise. However, most state laws restrict insurance companies from raising premiums as a result of incidents that aren’t the policyholder’s fault.
Regardless of who is at fault, informing your insurance provider that you were in an accident displays good faith and may be of assistance later on, especially if the other motorist is not found to be at fault. Regardless of whether you believe you are at blame or not, you should always report any accident to your insurer.
In most cases, your automobile insurance company is liable for covering (depending on your coverage) the immediate expenditures incurred as a result of an accident or hit-and-run. If you have collision insurance, you can start the process of having your car fixed or replaced by filing a claim with your insurer. While you may be responsible for a deductible or other fees, your insurance should cover the rest.
If you both call your insurance carriers after an accident involving another driver, they will work together to identify, if possible, who is at responsibility in the collision. If you are found not to be at blame, your insurance company will try to recoup any costs they or you may have incurred as a result of the accident.
However, before you can begin this procedure, you must first do some necessary tasks to assist your insurance company in resolving the issue.
Insurance companies can sometimes mistakenly report a not-at-fault collision as an at-fault accident under specific reporting systems, such as on an MVR. If you find yourself in this circumstance, you will be required to present proof proving that the accident was not your fault in order for it to be erased from this and other records. That is one of the reasons why, regardless of who you believe is at fault, it is critical to acquire all pertinent facts anytime you are involved in an accident.
If you’re in an accident with another driver, you should call the police and report the accident, depending on the severity of the collision and the resultant damage. It’s especially crucial to call the cops if somebody has been hurt, your automobile has been severely damaged, or other property has been vandalized.
When attempting to show culpability in an accident, having an impartial third party record of a statement from you, the other driver(s), and any witnesses is critical, regardless of the severity of the event. Access a copy of the police record or the report number if possible, so that your insurance provider may quickly obtain it. Many state laws, including Missouri’s, require the reporting of every accident involving death, bodily injury, or property damage in excess of $500.
Whether or not the cops are contacted, you’ll need to obtain some additional information for yourself, including:
Most insurance companies have accident checklists and smartphone apps that you may use on the scene to ensure that you document and save all of the important information about your accident.
While it is the responsibility of the individual who hit your car to contact their insurance company, you should disclose their insurance information to your insurance provider when reporting the accident. Because the other driver’s insurance company may not contact them, having your insurance company contact them assures that the other driver’s insurance company is aware of the accident.
Once you’ve gathered all of the essential information, your insurance provider can start to work on resolving the issue and getting you back on the road as soon as possible.
Should I call my insurance if it wasn’t my fault?
If you were in an automobile accident that was not your fault, you should contact your insurance provider. First, as indicated in your policy, you may be required to contact your insurance carrier. Second, even if the accident was not your fault, you may uncover accessible coverage to assist you with your damages.
What do you say to other persons insurance?
If you receive a call from another insurance provider, remain polite and composed. Get the name of the company as well as the person’s name and title before agreeing to answer any questions. Make a note of this information. However, only give them the bare minimum of information. If required, only give them your name, address, and phone number. Don’t say anything about the accident, your injuries, your insurance company, or your insurance claims on the spot. Take notes on the subjects you discuss during the conversation.
End the conversation correctly to avoid the other driver’s insurance company from contacting again. Make it clear to the other driver’s insurance adjuster that they should not contact you, but that you will.
You Are Not Legally Obliged to Speak to an Adjuster From Another Insurance Company.
You are only obligated to speak with a representative of your own insurance carrier in most jurisdictions. If speaking with a representative from another insurance company makes you uncomfortable, you have a few options. You can refuse to speak with them, ask them to contact your insurance company’s adjuster, or tell them you’ll only speak with them in the presence of your lawyer.
Insurance Companies Know This, but They Will Call You Anyway.
Unfortunately, many consumers do not just tell a different company’s insurance counselor, “Sorry, I really don’t want to chat right now.” Other insurance companies’ adjusters are aware of this and try to take advantage of it. So be ready and expect a call as soon as possible.
The Other Insurance Company Is Not Your Friend.
The other driver’s insurance company’s primary purpose is to pay you as little money as possible, and none at all if at all possible. They are not looking out for your best interests. They don’t give a damn how terribly you’ve been hurt. It’s all about the cash flow. One of the major reasons the other driver’s insurance company contacts you is to try to persuade you to provide evidence that the accident was your fault, that any injuries you sustained were minor, or that you were not injured at all. Another reason why you should not speak with the other insurance company without your lawyer present is because of this.
- The second goal is to negotiate the lowest feasible settlement if they are unable to deny the claim.
Anything You Say Can and Will Be Used Against You.
An adjuster for the other driver’s insurance company will question you about things that don’t seem to have anything to do with the accident. They’re attempting to draw you out in order to get you to answer the question in a way that they can use against you if you file a claim and it gets to trial.
When you speak with the adjuster for the other driver’s insurance company, you risk jeopardizing your insurance claims. Keep in mind that these insurance adjusters do this on a daily basis. They are aware that you were in an accident and are not feeling well. They’ve been instructed to hunt for evidence against you. You’re on their turf, and they’re well-versed in the game’s rules. If they can, they’ll use those regulations against you.
Do Not Let Them Record You. Do Not Give a Written Statement.
The majority of insurance adjusters do not attack you with full force. Instead, they’ll try to be chatty and persuade you that they’re just trying to learn as much as they can about what happened. One of their favorite ruses is to persuade you to let them record your chat. “If you could provide us a recorded statement, this will go considerably faster,” they’ll say.
One of the most common methods to jeopardize your case is to give a recorded statement. Other companies’ insurance adjusters will utilize a recorded statement to disprove your accident claim. What are their methods for accomplishing this?
The statement you gave to the police at the site of the accident and the one you gave to them, as well as any statement you made when you submitted your claim, will be scrutinized by the other driver’s insurance adjuster. They’re looking for even the tiniest contradiction to dismiss your claim. It is fairly uncommon for a person to relate the circumstances of an accident differently four or five months after it occurred. Providing them with a recorded statement allows them to search for contradictions.
Adjusters will ask you those strange questions we stated earlier, queries that are meant to debunk your claim. They may try to persuade you to agree with something you know is untrue. You can say something like, “Maybe,” or “I think so,” if you just want them to leave you alone or shift the subject. That’s what they’d like you to do.
During cross-examination, the other party’s defense team will use your recorded statement if the case goes to trial. It’s likely that you made the statements they recorded months ago and are having trouble recalling what you actually said. This is the ruse they’ve set up for you. If you contradict what you said in a recorded statement while on the stand in a trial, the other party’s attorneys will focus on that contradiction and make sure the jury is aware of it.
Never Admit Fault or Say You Are Not Hurt.
When you’re in an accident, the specifics can be hazy, especially if you’ve had a concussion or suffered whiplash. Perhaps you’re not sure who was to blame. Regardless, never confess fault for the accident, especially if it’s a little one. If you concede to the insurance adjuster that you were or may have been at fault for the accident, you may jeopardize your case.
The same can be said about injuries. It’s crucial to understand that your body produces a lot of adrenaline in the first day or two after an accident, especially if it’s a major one. Adrenaline can be used to conceal more serious injuries. You may feel good the second or third day following an accident, but once the adrenaline wears off, you may find that your neck hurts, that touching your stomach hurts, or that you have other dangerous symptoms.
Adjusters will employ a variety of tactics to persuade you that you are not wounded or that you are in good health. Also, if you are aware that you are in agony, do not tell the insurance adjuster. Just state you don’t know since you’re waiting for a response from your doctor or you haven’t had time to have a complete medical examination.
Only Answer the Question Asked.
When the adjuster from the other party’s insurance company calls, they will try to strike up a cordial conversation with you. Their main purpose is to fool you into thinking it’s just a pleasant call and that they’re checking in on you. It is not a pleasant call, and they are unconcerned about how you are feeling.
They’re just looking for ways to deceive you into giving evidence against yourself, which they can use to dismiss your claim or offer you a far lesser settlement than you deserve.
As a result, avoid engaging in a “pleasant conversation” with the insurance adjuster. Don’t offer them any specific details about the accident, any injuries you may have had, or your thoughts on the matter. Any of these data should never be discussed with an adjuster. It’s fine to indicate any potential car damage, but never reveal injuries or the specifics of the collision.
“In your perspective, who had the final opportunity to prevent the crash?” is one of the most commonly asked questions by insurance adjusters. They’re looking to see if there was anything you could have done at the final moment to prevent the accident. Was the music on the radio too loud? Were you engrossed in your phone? Were you taken aback by something you noticed on the street? The adjuster usually asks this question because they know the motorist they represent was at fault and are trying to find a method to mitigate that liability by insinuating that you had a chance to avoid the accident.
“I guess the individual who hit me had the final opportunity,” is the finest response you can make.
Be truthful, but don’t divulge any more information than is required. Maintain a straightforward and simple approach.
Never Agree to a Settlement Over the Phone or Sign Anything.
One of the reasons adjusters from the other driver’s insurance company phone so quickly after the accident is to pressure you into agreeing to a settlement as soon as possible. This is especially true if they know their driver was the primary cause of the accident. Insurance adjusters understand that after an accident, people are a little uncomfortable for a day or two. They’ll try to exploit your health as a bargaining chip to get you to agree to a settlement.
Accepting a settlement over the phone is never a good idea. You have no clue what medical costs you’ll have, how long you’ll be out of work, or how much it will cost to fix your automobile the first day or two following the accident. You will very certainly be settling for far less than you deserve if you accept the settlement offer. Defy the pressure and tell them you’re not interested in settling right now.
Sometimes Your Own Insurance Company Is Not Your Friend Either.
The Commonwealth of Pennsylvania is a no-fault insurance state. That implies your own insurance provider will cover the majority of your medical bills and lost wages. This implies you must treat your own insurance company with the same caution as you would another driver’s insurance company.
Almost all of the advice given above is also applicable to your own insurance company. You may be obligated by law to provide the company a recorded statement, but if you do, make sure your lawyer is there. Again, you should be plain and honest, avoiding embellishments or lengthy talks. In Pennsylvania, the police are obligated to file a report if there was a major accident. As a result, whenever the insurance company inquires about the cause of the accident, you should always refer them to the police report.
Another reason to be cautious is that when deciding compensation for personal injury lawsuits in Pennsylvania, the state uses a modified comparative negligence approach. This means that the insurance company might lower any benefits or compensation you receive based on the percentage of the accident for which you are found to be at fault. So, if you are found to be 30% at fault in a car accident and are given $10,000 in damages, your reward will be reduced by $3,000. This is why, even when communicating with your own insurance carrier, you should never accept culpability for the collision or claim to be uninjured.
Do I need to tell my insurance company if someone hits me?
Yes, you must notify your insurer if you have been in an accident. You should write your insurance a letter informing them of the situation.
However, make it clear that this is for ‘information only’ and that you are not making a claim.
This should prevent your insurance from settling with the other party’s insurer without your permission.
Timeframe to inform your insurer
Even if you don’t want to file a claim, it will be a provision of your insurance policy that you report the accident to your insurance company within a reasonable time.
Check your policy’s terms and conditions, but if it doesn’t specify a timeframe, try to do it as soon as feasible.
If you fail to do so, your insurance company may refuse to cover you in the future.
Right to request insurance details
Even if no one was hurt in the collision, anyone who holds you liable for it has the right to ask for your insurance information.
Failure to submit your insurance information without a good reason is also a crime.
An injury sustained at the time of the accident would be a valid excuse.
Can we claim third party insurance?
In general, third-party insurance can only be used to cover damages to a third party. However, if you’ve suffered an injury, your personal accident insurance will cover you as well.
- The first party in a third-party insurance policy is you (the insured person and your car), the second party is the insurance company, and the third party is any third party who may submit a claim if your vehicle causes them bodily harm, death, or property damage.
- In the event of an accident, below are some of the most common third-party insurance claims:
- There is no regulatory cap on compensation claims filed in cases of injury or death. This includes the following:
- Medical expenses, hospitalization costs, and treatment costs if a third-party person is injured as a result of the accident.
- Compensation for lost wages due to a third-party person’s inability to work due to a handicap caused by the accident.
- In the event that a third-dependents party’s die as a result of the accident, compensation claims might be submitted on their behalf.
- The IRDAI has set a limit of 7.5 lakh for claims involving third-party property (such as a third-car party’s or personal property). However, if the compensation sum exceeds this, you, the first party, must pay the leftover amount.
Do I have to pay my excess if someone hits me?
To begin a claim, most insurers require you to pay the excess right away. Following that is the investigation procedure, which examines what happened and who was to blame.
Your excess may be deducted from the overall repair bill instead, requiring you to pay it at the conclusion of the claims process. Your insurer, the conditions of your claim, and the policy all play a role.
You cannot make a claim on your car insurance if the cost of repairs is less than your excess.
Paying the excess when it’s not your fault
Your excess may be waived if the other motorist admits fault and has already informed their insurer. However, you will almost always be required to pay it – so make sure you can afford it.
When you won’t pay an excess
You won’t have to pay an excess if you have third-party only (TPO) insurance. That’s because your losses aren’t protected, but your insurer will cover any claims made against you.
If you’re judged not at fault, your insurance will seek reimbursement for the excess from the at-fault party’s insurer, as well as other expenses.
What happens if someone crashes into your car?
When it comes to parking your car while you go to work or to the store, you may not think twice, but what if you return to an unpleasant surprise? Accidents involving parked cars might occur due to limited parking places, congested roadways, and huge vehicles. These types of car accidents are more common than you might imagine. Scratches and damage to your automobile are most likely to occur in shopping malls and supermarket parking lots.
If someone collided with your vehicle and fled the scene, they were required by law to leave a letter with their name, address, phone number, and explanation. Leaving the scene is illegal, and if the third party is found without leaving a message, they could face criminal prosecution.
If you don’t have any details, try for witnesses or check local CCTV. If a car gets hit in a crowded parking lot, it’s likely that someone will see it. Ask around to see if anyone noticed a car, a license plate, or if any film was captured by the CCTV cameras.
Before you get your car fixed, take clear, HD images of the damage. If you use a smartphone, you may also record the time, date, and position. When it comes to filing an insurance claim, these images will come in handy.
Once you’ve made contact with the third party, you can talk about your insurance alternatives for the future. It’s vital to note that, regardless of the circumstances, if your automobile was parked legally, the third person is automatically at responsibility.
If you haven’t been able to contact the third party, you may have to file a claim with your own insurance or pay for the repairs yourself. Keep in mind that even if you choose to pay for the repair yourself, you must notify your insurance company of the damage.
To ensure that your auto insurance policy suits your specific needs, contact AbbeyAutoline Insurance immediately or request a callback.
How do I claim on someone else’s car insurance?
- Exchange names and other information with the other drivers, as well as the names and contact information for any independent witnesses. If someone refuses to provide you with their information, your insurance company may be able to track them down using their vehicle registration number.
- Even if you don’t intend to file a claim, notify your insurance as soon as possible about the accident.
- If someone is hurt, show the police your insurance certificate or cover note. If you are unable to do so on the spot, you must take the documents to the police station within seven days.
- Take images that you can use as proof if you need to file a claim later.
If you have comprehensive insurance
If you have a comprehensive insurance, you should file a claim with your own insurer; but, if the insurer is unable to recover the money from the other driver’s insurer, you may forfeit your no claims bonus.
Any injuries or losses not covered by your own policy can still be claimed from the other driver’s insurer. These are known as uninsured losses, and they can include things like alternate transportation while your vehicle is being repaired, lost wages, personal injuries, and your policy’s excess.
Any losses should be kept to a minimal and evidence should be kept. If you need to hire a different car, it should be identical to your own.
To file a claim, obtain a form from your insurance company or write to the other driver’s insurance company, detailing the accident and the other driver’s policy number. Inform your insurer of any independent witnesses and, if possible, send them witness testimonies. If you purchased your coverage through a broker or agent, they may be able to assist you. Make sure you keep copies of any important documents and correspondence.
If you have third party insurance
You should file a claim against the other driver and let the insurance company decide who is at fault. If they say you’re accountable, you’ll be responsible for your own vehicle’s repairs.
To make a claim against the other motorist, let them know in writing that you intend to make a claim against them. Let the company know what happened if they were driving a work car. This is something you should inform your own insurer about. The other driver should notify their own insurance company about the accident. You can contact the Motor Insurance Database to see if the other driver has insurance.
If you’ve been in an accident and the other motorist or their insurer sends you a letter or claim form, forward it to your own insurer.
How do you respond to an insurance claim?
The importance of communicating with your insurance company during the claims process cannot be overstated. The insurance provider may attempt to process your claim over the phone without keeping any records. You must ensure that everything is documented in writing, regardless of how your claim is handled.
The way you communicate has a big impact on the quantity of benefits you get and how quickly you get them.
- Keep a journal or diary of all communications with your insurance company so you can keep track of the status of your claim.
- Make a paper trail of your actions. Send a quick follow-up e-mail or letter to insurance company representatives to confirm assertions and promises made in person or over the phone.
- Make sure you use proper language, punctuation, and capitalization. If letters or requests are unreasonable, respond promptly. If they are, express your dissatisfaction in writing.
- Take the initiative: Provide proof of your losses to your insurance and request the dollar amounts you are entitled to. Don’t sit around waiting for them to inform you how much money they owe you.
- Use specific examples of your adjuster’s or insurer’s wrongdoing as leverage in negotiating the payment you require. Your diary will be useful.
- A friendly claim adjuster is not the same as a buddy. Keep in mind that you’re in the middle of a business deal. Maintain a professional tone.
- Do not utilize your insurance company to express your feelings or emotions over the original cause of your loss.
- Keep in mind that everything you write or say could end up in the insurance company’s files. Even if you’re frustrated, don’t say or write anything that makes you appear obstinate or responsible for delays or problems.
- Consult an attorney before signing a confidentiality or non-disclosure agreement. Agreeing to an unduly wide or early non-disclosure agreement will severely limit your power and ability to collect the full advantages of your coverage.