Question1. This week, while fully stopped in a ticket booth line inside a parking garage, a car behind me lost control, accelerated from a distance away and slammed into the rear of my car, driving me forward and under the a truck in front of me. There was as lot of damage and the driver behind me acknowledged full responsibility.
2. I reported to that drivers insurance company. When they contacted me, they asked about "my" coverage, saying "do you have full coverage? We wouldn't cover something you are not willing to cover for yourself"! Well, I do have full coverage, but I don't see the relevance. I assume that they would have liked for me to claim under my collision coverage and then deal with my company on subrogation. I don't understand why my company should be involved at all.
3. The other company is processing my claim to them but I have not met with them yet. My questions:
a. Why should they have to have access to my carrier? Is it on the theory that I should claim through my carrier so they can recover the deductible I would have suffered if I had claimed with my carrier?
b. What is the affect on my insurance relationship if the other carrier subrogates for the $500 after they play the claim? And, should it affect my rates, is that reasonable, challengeable?
c. What about use of aftermarket parts? Demand original? Life of ownership guarantee is worthless when I get ready to sell the car.
Thanks for your comments. Sorry for the long question.
AnswerHi Tyler,
Whether or not you have insurance in not relevant. The at fault driver through his insurance company owes you for the damage that was caused by his negligence. There is no reason you should have to involve your insurance company at all.
The other insurance company may try to specify aftermarket parts if your vehicle is over 1 year old or has more than 12,000 miles on it. You can try to insist on new oem parts but in most areas of the country the insurance companies get away with it. This is because they own most of the politicians including the state insurance commissioners.
In addition to the cost of repairs at a body shop of your choosing, you are also entitled to a rental car or loss of use as well as a payment for the loss of value of your car now that it has an accident history. This is known as diminished value. To learn more about diminished value visit www.collisionclaims.com .
There is no reason to be concerned with your deductible. That would only apply if going through your own insurance company.
I hope this helps
Richard Hixenbaugh
