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I got in an accident recently (not my fault) and called the other driver's insurance company to file a claim.
At the end of it all she kept saying something like, "We just need to call our insured party back and confirm 'fact of loss' or 'act of loss'" or something like that. She kept saying, "Once we get back in touch with our party and confirm fact of loss and liability we can get started on your claim."
I got in an accident recently (not my fault) and called the other driver's insurance company to file a claim.
At the end of it all she kept saying something like, "We just need to call our insured party back and confirm 'fact of loss' or 'act of loss'" or something like that. She kept saying, "Once we get back in touch with our party and confirm fact of loss and liability we can get started on your claim."
What the hell does fact of loss mean?
Just what it sounds like. They have to contact their insured to get their side of the story, so they can get the facts on the accident, and determine if they are going to accept responsibility for the accident
Just what it sounds like. They have to contact their insured to get their side of the story, so they can get the facts on the accident, and determine if they are going to accept responsibility for the accident
The thing is when I called her insurance company they told me at the beginning that the lady who hit me had already called and filed a claim.
Is this standard procedure - to take the claims from both sides and then call the at-fault one back to confirm the liability?
Why isn't your insurance company doing this? It's part of why you pay those premiums. I've never contacted another drivers insurance company.
Exactly. You call your own insurance company and give them all the information they ask for. Normally they will get a police report and want to know the name and insurance company of the other party. The two insurance companies will battle it out.
Right. The police, by the way, have nothing to do with determining fault for insurance purposes. If one driver gets a ticket, that will have some bearing, but the insurance adjustors for the two insurance companies will settle the question of fault. This is normally fairly cut and dried, their adjustors have a formula, and they don't want to go to court and incur the expense of suing each other, so they settle out of court with a phone call.
The worst case scenario is when both drivers are insured by the same company. Then, there is just one adjustor, working for the insurer, and nobody is working for you.
If it's not too late, call your own insurance company and have them take care of it, which is what should have happened from the beginning. Half the reason you pay premiums so you don't have to hassle with things like this.
Now if the other driver disputes what you said, and it turns into a he said-she said situation, it's going to be up to you to fight the system, as opposed to your insurance company who, I'm assuming, knows the ins and outs of insurance law better than you (certainly better than me!)
Actually I'm about half-way serious about that. Several years ago I "went to bat" for a Sudanese lady who had been rear-ended on the Interstate (they were neighbors of ours). The at-fault driver's insurance adjuster was trying his best to absolutely screw her over on the value of her van - trying to settle for $1500 on a van with a book value of almost $6000. I told him that I was calling the state insurance commissioner on him, and that I was picking her up to take her to the chiropractor because of her serious neck pain she had been having since the accident.
Suddenly her van was worth $5800.
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