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1. Contact an attorney in your state and ask his advice.
2. Demand that you be provided with a rental car while your car is in the shop. You are entitled to have the other guy's insurance pay for one because the accident was clearly his fault and loss of use of your vehicle is one measure of damages. If they are reluctant to do this, in this situation I'd literally rent a car on my own credit card and send them the bill. Don't listen to any crap about how they have to take a bunch of statements before they provide a rental vehicle. You're the one without transportation while they dither and dally.
3. Take the car or have it towed to the body shop of your choice. They can decide whether the car can be fixed or not. If its your body shop than you can trust the decision they make.
4. You may or may not be entitled to "diminished value" as a measure of damages. It depends on the law in your state. A lawyer in your state is the one to answer this question. I can say you are entitled to the cost of repairing your vehicle, if it can be repaired. If not, you are entitled to fair market value if it is a total loss.
5. Don't act paranoid until they give you reason to do so. Sometimes this process takes a little longer than anyone would like. Many times insurance companies are pretty forthright about taking care of these losses. However, it wouldn't hurt you to know your rights and that's why I suggest talking to a lawyer in your state.
Good points - even for a lawyer...
I think the thing for the OP to remember is that, in a rear-end accident, he/she is "in the drivers' seat." Most insurance adjusters are going to try to pay out the absolute least amount of money possible. It's their job. But the "accident victim" doesn't have to just roll over and take it.
There have been several times when I've gone to war with some adjusters, on behalf of some people they were taking advantage of. One was a Sudanese immigrant woman. They were trying to give her $1500 for a van that had a $5800 blue book value. After I called the offices of the state attorney general and state insurance commissioner, suggesting they were trying to take advantage of a minority woman, the adjuster became MUCH more cooperative.
I called my insurance company and filed a claim. I provided the collision report the police officer filled out for me. My insurance company will be fighting on my behalf. They told me that as long as I have the police incident report stating the other driver was cited for the collision, they will fight for me. The police officer also gave me his phone number if the insurance company needs any info. My insurance company wants me to take my van to their preferred auto body shop to get an official diagnosis of the damage, but I have to wait till my agent calls tomorrow. I have been with my insurance company for 10 years and they treated me above excellent when my house flooded a few years ago. They restored my house to better than pre loss condition. They were professional and provided a good quality workmanship. I have total faith in my insurance company to go to bat for me. I have filed a claim with both companies, so between them I should get some form of resolution. I did pay for gap insurance and new car replacement insurance when I purchased the van, so if they deem it a loss, I should get a new replacement. I will keep the legal option in mind.
Cool! My insurance company called me and I chose to file a claim through them. They offered me diminished value without me asking for it. Nice! Once my insurance company has proof of fault from the police report and the other insurance company, my insurance company will waive my deductible and go after the other insurance company for all money paid out to me. I have a good feeling about this.
Cool! My insurance company called me and I chose to file a claim through them. They offered me diminished value without me asking for it. Nice! Once my insurance company has proof of fault from the police report and the other insurance company, my insurance company will waive my deductible and go after the other insurance company for all money paid out to me. I have a good feeling about this.
Watch to be sure that YOU don't get charged point by your insurance company for making a claim. If it was your fault they can do that but it was not your fault.
No, my insurance company said that this would not go against my record. I am kind of concerned about the other guy's insurance. A bog red flag popped up after the other guy's insurance company asked if this person lived in California. The officer who wrote the report gave me his policy number, but when I called the other insurance company, they asked if he lived in California. I say no. We shal see. My insurance is investigating.
I was rear ended and the other parties insurance company wants me to get it repaired. I want the money, since I will be selling the car soon. Their insurance states that I need to get it fixed?
I was rear ended and the other parties insurance company wants me to get it repaired. I want the money, since I will be selling the car soon. Their insurance states that I need to get it fixed?
You don't actually have to get it fixed. You are entitled to either (1) having them pay the repair bill for fixing the car; or (2) a cash amount equal to the damage or cost of the repairs.
I was rear ended and the other parties insurance company wants me to get it repaired. I want the money, since I will be selling the car soon. Their insurance states that I need to get it fixed?
If you have a lien holder, the other insurance party will need to issue a two party check(to you and your lien holder, or to you and a body shop) If you own your car free and clear the can cut you a check.
My 21 year old son and two of his friends just went on vacation in my new 2016 Ford Escape. We live in North Carolina and while in Texas a 90 year old man hit them in the rear while sitting at a red light. I'm confused as what to do. The car is drivable but who knows if its messed with the frame until it hits the shop. They are on their way home. What should I do? Get an attorney? I think that's a little much but don't know what to expect with this distance thing.
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