# The kid and I were rear-ended... now what? **URL:** \ **Category:** Miscellaneous and Personal Stuff I Must Share\ **Created:** [May 17, 2010, 4:31am UTC](https://boards.straightdope.com/t/the-kid-and-i-were-rear-ended-now-what/539725 "2010-05-17T04:31:03Z")\ **Posts on this page:** 12\ **Page:** 2
**Author:** ![Hippy\_Hollow](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/hippy_hollow/32/4841_2.png) [@Hippy\_Hollow](https://boards.straightdope.com/u/Hippy_Hollow)\ **Post date:** [May 18, 2010, 2:20pm UTC](https://boards.straightdope.com/t/the-kid-and-i-were-rear-ended-now-what/539725/21 "2010-05-18T14:20:48Z")
So, an update: I talked to the Farmers adjuster. She got my statement, and said that they had left a message with the driver’s brother for her to call. Which is fine, I guess, but it seems like I’m waiting for her to respond. She also said that they would dispatch an auto adjuster in a day or two. I guess they have to do their due diligence, but I’m sans car two days now. I can apparently rent a car out of my own pocket and they’ll reimburse if it’s determined that the other driver was at fault. So I guess I could do that now, but I hate the whole reimbursement thing. I’d rather they pay for it up front. ---
**Author:** ![Mama\_Zappa](https://avatars.discourse-cdn.com/v4/letter/m/71e660/32.png) [@Mama\_Zappa](https://boards.straightdope.com/u/Mama_Zappa)\ **Post date:** [May 18, 2010, 5:06pm UTC](https://boards.straightdope.com/t/the-kid-and-i-were-rear-ended-now-what/539725/22 "2010-05-18T17:06:01Z")
> [@WhyNot](#): > > Just want to make sure this doesn’t get lost. Yes, absolutely, that car seat should be replaced today. It may not look damaged, but there may be micro-cracks or stresses in the plastic. That’s actually a good thing - like your bumper, the car seat should absorb forces so that the body inside it doesn’t have to. But it will also weaken the carseat, so you shouldn’t use it anymore. > > When you dispose of it, cut the straps so the dumpster divers don’t rescue it for sale or donation. > > Keep your receipt for the new one; I never thought about insurance paying for it, but it’s worth a try! Thirded. And yes, the insurance should pay for the car seat - when we were rear-ended, we got a replacement seat from the at-fault driver’s insurance. Well, we bought the replacement and they reimbursed us. ---
**Author:** ![Mama\_Zappa](https://avatars.discourse-cdn.com/v4/letter/m/71e660/32.png) [@Mama\_Zappa](https://boards.straightdope.com/u/Mama_Zappa)\ **Post date:** [May 18, 2010, 5:07pm UTC](https://boards.straightdope.com/t/the-kid-and-i-were-rear-ended-now-what/539725/23 "2010-05-18T17:07:37Z")
> [@Wilbo523](#): > > Farmer’s should provide you with a rental car until your car is repaired. or Travelers, then they could try to claim reimbursement from the other driver’s insurance. The two times we had cars hit by other drivers, our insurer arranged the rental (I think) and we were not without a car for more than day. ---
**Author:** ![Wile\_E](https://avatars.discourse-cdn.com/v4/letter/w/c37758/32.png) [@Wile\_E](https://boards.straightdope.com/u/Wile_E)\ **Post date:** [May 18, 2010, 5:30pm UTC](https://boards.straightdope.com/t/the-kid-and-i-were-rear-ended-now-what/539725/24 "2010-05-18T17:30:12Z")
Hi, I’m Roz. I’m not an attorney but I know who to axe if I need one. Call 1-800 Axe Gary. _stupid laugh_ Sorry, those damn commercials play here all the time and annoy the hell out of me because they wheedle into your brain tissue and settle in, popping back out anytime they feel like it. Please, don’t actually call Gary, it will only encourage him to make more commercials. Oops, commercial-induced brain damage. Forgot to say, glad no one is seriously injured and hope you feel better soon. ---
**Author:** ![peedin](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/peedin/32/14095_2.png) [@peedin](https://boards.straightdope.com/u/peedin)\ **Post date:** [May 18, 2010, 5:42pm UTC](https://boards.straightdope.com/t/the-kid-and-i-were-rear-ended-now-what/539725/25 "2010-05-18T17:42:23Z")
> [@Hippy\_Hollow](#): > > I can apparently rent a car out of my own pocket and they’ll reimburse if it’s determined that the other driver was at fault. So I guess I could do that now, but I hate the whole reimbursement thing. I’d rather they pay for it up front. Rent a car, put it on your credit card. When it is determined that the other driver is at fault, the car rental place should send the bill directly to the insurance company and your credit card will not be charged. Reputable insurance companies and car rental places do this all the time. (Well, that is what happened with me, and should happen in an ideal world. ) ---
**Author:** ![Anne\_Neville](https://avatars.discourse-cdn.com/v4/letter/a/b9e5f3/32.png) [@Anne\_Neville](https://boards.straightdope.com/u/Anne_Neville)\ **Post date:** [May 18, 2010, 6:14pm UTC](https://boards.straightdope.com/t/the-kid-and-i-were-rear-ended-now-what/539725/26 "2010-05-18T18:14:40Z")
> [@Suburban\_Plankton](#): > > Find a \*\*\*good \*\*_body shop to repair your car. Don’t take your car to your insurance company’s ‘preferred shop’. The insurance company is going to try to get your car repaired for the lowest possible cost, and that generally means the lowest possible quality work. The insurance company has too pay for the repairs at the shop of your choice_. They will probably try very hard to convince you it is in your best interest to take the car to a shop of _their choice_. > > \*This is the law in California…your mileage may vary You don’t happen to know if this was the law in California in 2001, do you? If it was, my former insurer sucked even worse than I thought. They told me which body shop to go to, and I did, even though it was in a very questionable area of Oakland. They never told me I could go to another body shop. ---
**Author:** ![Caffeine.addict](https://avatars.discourse-cdn.com/v4/letter/c/f475e1/32.png) [@Caffeine.addict](https://boards.straightdope.com/u/Caffeine.addict)\ **Post date:** [May 18, 2010, 7:29pm UTC](https://boards.straightdope.com/t/the-kid-and-i-were-rear-ended-now-what/539725/27 "2010-05-18T19:29:31Z")
I was hit and run by someone in Virginia in 2005. The other driver took off and my company dealt with everything. They gave me a rental car when I dropped off my car at the body shop. I used their shop since one of my options was a Honda dealership about 10 miles from my house. I would talk to your insurer about getting a rental car and letting them fight it out. ---
**Author:** ![BrotherCadfael](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@BrotherCadfael](https://boards.straightdope.com/u/BrotherCadfael)\ **Post date:** [May 19, 2010, 12:01am UTC](https://boards.straightdope.com/t/the-kid-and-i-were-rear-ended-now-what/539725/28 "2010-05-19T00:01:12Z")
I’ve been hit twice (once when I was in the car, and once when it was parked), both times by commercial vehicles. Both accidents were unquestionably the fault of the other party. In one case, I dealt directly with the other party’s insurance company, and they were excellent to deal with. The claim (about $4,000) was minor by their standards, and they were very cooperative about the repair shop I wanted to use, the extent of the repair, etc. In the other case, the other party’s insurance company was very slow to respond and seemingly not all that interested. I turned the whole thing over to my insurance company, and they did all the negotiating that was required. They even got the other company to cover the damage waiver on my rental. So, I guess the answer is, as it is so often, “it depends”. ---
**Author:** ![elfkin477](https://avatars.discourse-cdn.com/v4/letter/e/a9a28c/32.png) [@elfkin477](https://boards.straightdope.com/u/elfkin477)\ **Post date:** [May 19, 2010, 12:44am UTC](https://boards.straightdope.com/t/the-kid-and-i-were-rear-ended-now-what/539725/29 "2010-05-19T00:44:30Z")
I’m glad to hear that both **Hippy Hollow** and baby were okay. When I was a few months old, my mom and I were hit by someone in a similar manner, and like Hippy, Mom’s first instinct was to check on me. The woman who hit her spoke English, and snapped at my mom about “fussing with the damn baby” instead of instantly exchanging insurance info :eek: The bitch. ---
**Author:** ![Hippy\_Hollow](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/hippy_hollow/32/4841_2.png) [@Hippy\_Hollow](https://boards.straightdope.com/u/Hippy_Hollow)\ **Post date:** [May 19, 2010, 2:31am UTC](https://boards.straightdope.com/t/the-kid-and-i-were-rear-ended-now-what/539725/30 "2010-05-19T02:31:26Z")
thanks, **elfkin**. That was some scary shit. So I called the other driver’s adjuster/case worker today, as I hadn’t heard from her. She said that she had left two messages for her and she hadn’t called back, so nothing could be determined as far as responsibility at this point. I sensed the possibility that she might never call back. So I told the adjuster that being inconvenienced one day was understandable, but two was stretching it. She said I could go ahead and get a rental, but they would reimburse me after they were able to assign responsibility. In her words, “from what you told me, I think our driver was probably at fault.” My neighbor and I were chatting today. Her husband had the exact same thing happen to him recently. She said that she had heard that Farmer’s was notoriously difficult to work with. She also said that an insurance-working friend of hers recommended that if you’ve ever been hit, you should hire your own adjuster to make sure you don’t get lowballed by the insurance company’s guy, especially if it’s the other driver’s insurance paying for it. Any thoughts on this? I will also call my claims guy and tell him I’m having issues with the other driver’s claims guy. ---
**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\ **Post date:** [May 19, 2010, 2:34am UTC](https://boards.straightdope.com/t/the-kid-and-i-were-rear-ended-now-what/539725/31 "2010-05-19T02:34:27Z")
> [@Anne\_Neville](#): > > You don’t happen to know if this was the law in California in 2001, do you? If it was, my former insurer sucked even worse than I thought. They told me which body shop to go to, and I did, even though it was in a very questionable area of Oakland. They never told me I could go to another body shop. Yes, it was, but in CA I think they can make you get three estimates. OP, if you have a friend, or a FoaF who does Tort law, and you can get a free meeting with him, it might not be a bad idea. ---
**Author:** ![legalsnugs](https://avatars.discourse-cdn.com/v4/letter/l/45deac/32.png) [@legalsnugs](https://boards.straightdope.com/u/legalsnugs)\ **Post date:** [May 19, 2010, 7:59pm UTC](https://boards.straightdope.com/t/the-kid-and-i-were-rear-ended-now-what/539725/32 "2010-05-19T19:59:12Z")
> [@Hippy\_Hollow](#): > > thanks, **elfkin**. … So I told the adjuster that being inconvenienced one day was understandable, but two was stretching it. She said I could go ahead and get a rental, but they would reimburse me after they were able to assign responsibility. In her words, “from what you told me, I think our driver was probably at fault.” > > My neighbor and I were chatting today. Her husband had the exact same thing happen to him recently. She said that she had heard that Farmer’s was notoriously difficult to work with. She also said that an insurance-working friend of hers recommended that if you’ve ever been hit, you should hire your own adjuster to make sure you don’t get lowballed by the insurance company’s guy, especially if it’s the other driver’s insurance paying for it. > > Any thoughts on this? I will also call my claims guy and tell him I’m having issues with the other driver’s claims guy. Yeah, which was why this got posted: > [@kjbrasda](#): > > actually, AFAIK, their insurance company shouldn’t be talking to you, they should be talking to your insurance company. Report the accident to your insurance company and let them deal with the other insurance company. No way her insurance company’s going to come right out and admit fault. Call your insurance company. It’s what they do - get someone else to pay. [Previous page](https://boards.straightdope.com/t/the-kid-and-i-were-rear-ended-now-what/539725.md?page=1)