QuestionQUESTION: Hello I was recently involved in a car accident which it appeared to be my fault, I was performing a U turn and was struck from behind on a four lane rd. The accident from what I could tell was minor, my car sustained most of the damage with a blown out tire and a busted rim. No police came, no police report was filed. While exchanging information I told the other driver if at all possible I would like to pay out of pocket. As fare as I could tell she had a busted headlight and some paint of mine was on her bumper. Last night her insurance company contacted me and said she filed a claim and I needed to do so with my insurance because of the cost of the repair. I then asked about the estimate and they stated that they didn't have an estimate yet but insisted the cost was going to be sky high to get it fixed. Granted her car is a late model domestic car. Before I got off the phone they said my insurance would have to pay her deduct as well as for the repairs.
So my questions.
1.) Can her insurance file a claim with mine even if that not what I want to happen?
2.) Do get to choose how I want to pay for damages?
3.) Am I entitled to ask for more then one estimate?
4.) Why do you think she filed a claim with her insurance if I was at "fault?"
5.) Since I was struck from behind could I file a counter claim?
ANSWER: Hi Chris,
Since you made a U turn and were rear ended, you violated the other vehicles right of way. This means that you are considered to be at fault. The other driver filed a claim with their own insurance company to avoid hassles. That is what you pay for insurance for. You will be responsible for either paying the cost of the repairs as well as a rental car during the repairs or filing the claim with your insurance and letting them handle it. It is possible that the repair cost could be over $2,000.00 even though the impact was minor. A bumper cover can cost $350.00 or more then you have the labor to put it on and the paint time. That alone can be over $1,000.00. A headlamp can be several hundred dollars. So you see it can add up fast. The other person does not need to get multiple estimates. There insurance company is handling the process and will control the costs as much as possible. You should just file the claim with your insurance and let them handle it.
I hope this helps
Richard Hixenbaugh
---------- FOLLOW-UP ----------
QUESTION: Thanks for the advice. So her insurance company can go to who they want to for the repairs and they can charge me what ever for those repairs? Also they said I was responcible for paying her deduct is that true since she is the person who filled the claim. Also I blue booked the car and it on averages for about 1800 in good condition. just trying to avoid being taken to the cleaners, I told her I would pay for the damages. So is it my right to choose how I want to pay for it?
AnswerHi Chris,
The insurance company cannot just charge you whatever for the repairs. Insurance company are required to keep very good records. They are also very cheap so they will keep the cost down as much as possible. You should not pay anything to anybody until you receive written doocumentation of the loss. Once everything is completed the insurance comapny should send you a demand letter. Along with that letter should be photos of the damage to the vehicle. a computerized final repair invoice from the chop that did the repairs and an itemization of all of the costs and everything that the insurance company has paid. If you would like to be a nice person you can go ahead and send a check to the other person for their deductible so they don't have to lay it out. If you do be sure to deduct that amount from the total cost of repairs that you will be reimbursing to the insurance company.
I hope this helps
Richard Hixenbaugh
