QuestionI was in the left lane of a 3-lane highway when a car struck my passenger side as it attempted to switch into the left lane (my lane) without warning from the center lane (driver #2's lane).
We each stopped at the scene of the accident, while I left my car immediately to ask if everyone was alight. At the same time, I also contacted the police.
When the police officer arrived, we were asked to drive off the ride. In the moment between moving from the scene of the accident to a new location, the other driver switched positions with one of his passengers.
We later found out that the driver of the car who had hit mine had an expired license and attempted to lie to the police.
Damage is all alongside my passenger side. The police has issued 3 tickets: unsafe lane change, expired license, and driving with an expired license.
I have filed a claim with his insurance, had their adjuster come out, and am now waiting for word. The adjuster valued the damages at around 2000, but it does not include any Honda parts (my car). Would i be able to demand to have them replace them with Honda parts only? I have never been in an accident before and have no clue what to do next. Does this mean I have to pay the deductible even when the accident wasn't my fault?
Answer Hello Calvin,
The insurance for the at fault driver must pay all of your damages including a rental car comparable to your car while you car is in the shop. If your car is not driveable, they must pay for the rental now.
You do have a right to demand that the liability carrier must use Honda parts. This is generally not the case with your own policy, but you have no contract with the liability carrier to exclude factory parts.
Deductible? No. That would apply only to your own collision coverage. If the liability carrier refused to cooperate, then you would have to go through your own insurance and hope that you company would subrogate the at fault carrier for your deductible. Subrogation is a process used by insurance companies to reimburse each other for payment of claims that were owed by the opposite carrier.
But it does not appear that this is the case here. Since the liability adjuster has appraised your damage, it appears they will accept liability.
One final note. Insurance appraisers are trained to include only damages they can see. It is likely that when the shop "tears down" your car there will be additional damage that was not visible before the tear down. This will require the shop to obtain a supplement for payment of those additional damages.
Make sure you choose a reputable shop. It does not have to be a shop recommended by the insurance company.
Hope this helps. Good luck!
Jane Pytel
http://SolutionsForYourInsuranceClaim.com
http://FloridaAutoInsuranceCentral.com
