On the highway, stopped in traffic, driver rear-ends me. I know that’s “generally” a pretty clear definition of fault. Other driver was cited for careless driving, I received no citation. This was 12/18. Both parties insured with reputable firms, her insurer has received the police report.
Her insurer says there are “differing stories”, and is working on rectifying them. I didn’t call my insurer initially because I thought this would be pretty straightforward issue with hers.
Never trust the other driver as well as the other driver’s insurer. Any conversation you may have with either should be limited to exchanging identification and insurance details. Never discuss details of the incident.
On the other hand, be open with your insurance company and the police.
Any discrepancies between you and the other driver should be done though the respective insurance companies.
Less than a month ago, the same happened to me. I called my insurer, Shield of Shelter, and they said they don’t need info unless it goes to litigation, disputes, etc…
Also, if the negotiations drag on, your insurer probably will be willing to go ahead and let you start repairs with your own comprehensive. If the other company settles, all is well, if you pay the deductible, hope for the other guy to settle eventually.
Why NOT call your insurer? What is the down-side of doing so?
ETA–since you’re getting pushback from her insurance company, you definitely should call your own ASAP.
Always call your insurer. The other guy’s company is going to be trying their best to work out how to get out of paying, that’s business, so your company should at least have a heads-up.
Also, if the other guy can’t or won’t pay for some reason then you will want your insurer to make good.
I had the same thing happen to me (rear-ended on the freeway). I called my insurer, and they said to call back if the other guy’s insurance wouldn’t pay, otherwise, they didn’t need to know or do anything. If they don’t have to pay out, then they won’t hold it against you.
Some insurance companies will count the accident against you even if it wasn’t your fault and the other person’s insurance pays. Which may result in your premiums going up. I can understand why the OP didn’t want to contact their insurance company.
I would hold off contacting your own insurance company, but be persistent with the other person’s insurance claims department, demanding that they process your claim and fix your car, especially in light of their insured being ticketed for the accident.
If all else fails and they deny your claim then contact your insurance company and then let them fight it with the other insurance company.
I would call them right away. They are your advocate. The more money that comes out of the other driver’s insurance, the less your insurer has to pay. So they are on your side, and they have connections you don’t have…TRM
I’m pretty sure that notifying them of an incident when you’re not at fault (and which subsequently gets settled through the other guy’s insurance) won’t count as a claim, so your NCB should be fine. Wilbo523’s post suggests otherwise, but that’s the way it works in my experience.
In my experience, an accident I had that was not my fault was not a ding against my record and did not cause my rates to go up. I still had a clean record and was listed as a ‘good driver’. I did miss out however, on an additional ‘no claim for x’ years discount like johnspartan mentioned which would have gone into effect in another year or so. So, technically, my rates did not go up because of the accident, but they did not go down like they would have.
On the plus side, my uninsured motorist coverage made sure I got paid immediately, while my insurance company didn’t get paid for almost a year and had to do all the work.
I had the same thing happen and the at-fault driver’s insurance company was a nightmare to deal with. As already noted, their goal is to pay as little as possible and if that means stonewalling you until you get fed up and go away or settle for a pittance then that’s what they will do.
I would notify your insurance company just to be on the safe side. You can go through your insurer to get your vehicle repaired and your insurer will then recover from the other insurance company (that’s what mine did). That is far, far easier than trying to personally get the other insurance company to work with you.
Put everything in writing. If you make a call, note the date/time/content. Keep every piece of paper in a folder.
It took me over a year to get everything finally settled - this was for an accident which resulted in a dented tailgate and some minor cosmetic body damage to my truck, a trip to the ER for x-rays (stiff neck for one night) and a huge amount of hassle on my part. In order to recover for my medical expenses and time spent, it was finally necessary for me to complain to the BBB and the chairman of the board of their insurance company (I can be very stubborn when I feel like I’ve been done wrong).
My insurer took care of the body shop bill, reimbursed me for my deductible and my rates were not impacted in any way as a result of the accident.
Just to be clear. If this looks like working with their insurance company will be protracted, yes call your own insurance company and get your car repaired. You will be responsible for your deductible, which will not be reimbursed to you until the other party takes responsibility.
Once, I was hit by a piece of construction equipment (My car was parked, and the excavator slipped its parking brake). The company’s insurance agents were wonderful. I got an estimate, and they paid up right away. In this case I dealt directly with the company’s insurer.
Another time I was hit by a Verizon truck (rear-ended in a white-out). Their insurance company was such a pain in the ass, I let my insurance company deal with it all. My insurance company paid the claim so my car could get fixed quickly, and then went after the other company for full reimbursement, which they eventually got.
Both claims were for about the same money. Neither caused my insurance to go up.
This seems to imply you talked to the other insurance company. Word of advice, never talk to them. You pay your insurance to represent you in these matters. If any other insurance companies calls you you can tell them they need to speak to your carrier and end the conversation immediately.
You should always notify your insurance company of any accident regardless of fault. If there is trouble, your insurance company has the resources to help you.
In the situation the OP describes (rear-ended while stopped, other driver cited) the other driver is at fault. Unless there’s some alternative account given credence in the police report it’s hard to visualize any scenarios in which the other insurance company gets out of paying.
Since there’s some nonsense afoot about “rectifying” “differing stories”, call your own insurer pronto and let them get involved. Don’t allow the other guy’s company to weasel out of paying.
Called her insurer again, who “just got” the police report, looking at it they agreed their client was at fault and will cover damages & repairs at the mechanic of my choice, plus cover & arrange rental car during time of repair.
Remarkable coincidence that they just happened to make that decision as I followed up with them a 2nd and 3rd time almost a month after the wreck but anyway there it is.
Also, I figured I’d go ahead and alert my insurer just to be “on the up-and-up”, and since it’s pretty clear cut. And since it’s a solid customer service group (highly recommend USAA if you’re eligible, BTW), their website was very straightforward about if you’re opting for other driver’s insurance to pay or if you’re expecting your own insurance to cover after deductible.