What To Do After a Car Accident That’s The Other Driver’s Fault
Posted on Mon, Aug 15, 2011
Dealing with the aftermath of a car accident is typically not enjoyable. It’s often worse when the other driver is at-fault and you’re haggling with their insurance company. Here are some tips to help with a smoother claims process when making a claim with an at-fault person's insurance company.
Usually, the police who are dispatched to your accident scene will fill out the police accident report and their research at the scene will determine who was at fault. It is always recommended to get a police report or a Driver Exchange of Information Form that is provided by the police. The information you will need should be on the accident report, so check it thoroughly and be sure you have the following:
- The other driver’s name, address, phone number;
- Their driver’s license number;
- Registration number (plate #);
- Year, make & model of the car;
- The owner of the car’s name if not the same as the driver;
- Their name, address, phone number;
- The name of their insurance company;
- Their policy number;
- If available, the phone number of their claims department;
- The other driver should also have your identical information so they can give it to their insurance company when they call in to the claims department.
Since the other driver was at fault, they are responsible for reporting the accident to their auto insurance company. However, it's a good idea for you to contact their insurer as well. Sometimes motorists who cause accidents are reluctant to report them. If the other driver has already made the call and filed the claim, get the claim number assigned from the insurance company and have them send out an adjuster or tell you where to take your vehicle to have a repair estimate. If the at-fault driver has not already made the call, you should then inform the other person's insurer that you have been involved in a crash with one of its policyholders and disclose your property damages or injuries. Also, relay only the facts of the accident. Insurance companies usually rely on a police report, if one is available, to determine who is at-fault.
Although you may feel that you have not caused the accident, you should contact your insurance company anyway. This will aid you if the other party's insurer denies responsibility for the accident.
If the insurance adjuster doesn't authorize a repair before you take it to an auto shop, it can create a problem. At minimum, make certain that the insurance company has accepted liability before going ahead with repairs. Get authorization in writing. Ask the insurer to e-mail or fax it to you.
In case the other driver, who said they had coverage, actually does not have insurance, your insurance company then will take over and pay for the damage caused to your car, assuming you have comprehensive and collision, (Parts 7 & 9) coverage on your policy.
If you do not have comprehensive and collision coverage on your policy, and the other driver does not actually have insurance coverage, then your claim will be unpaid unless the at-fault driver actually fulfills their financial responsibility, and you will either be the one who pays for the repairs to your vehicle, or you will need to visit an auto claims attorney to help you try to recover from the at-fault party.
If you live in Massachusetts and have Bodily Injury Caused by Uninsured or Underinsured Motorist coverage (Parts 3 & 12), it may cover your medical expenses, lost wages, and pain and suffering if the other driver does not have insurance.
If you have any questions about your auto insurance coverages, give us a call.