need help...i got into an accident yesterday...i got hit by stupid who was driving right behind me like 10 miles/h since there were heavy traffic out there. need to replace a whole bumper and a trunk, also right side door got misplaced. the problem is he doesn't even have a insurance. after accident , i called police and reported the accident. i haven't contact my insurance yet, but wonder how to handle this kind of situation with that stupid asshole who doesn't even have an insurance. and he even seems like he can't fully afford to pay for my damage. I have deductible 1000 on my insurance, so it means I should've pay that much even though it was totally the other guys fault, and rest of the cost insurance will pay?
any advice will be appreciated. thanx

 

get a lawyer

 

damn u should have pretended u forgot your name and where u were from sue the bastard. (You didnt hear that from me). But your ok dude thats all that matters. My question is what was he driving or how fast? to take out your trunk in heavy traffic.

 

First off, you should check to see how much coverage you have for under/un insured motorists. Second, you should probably run over the guy and pay out of pocket for the damages. Anything that the insurance company pays out over $500.00 is going to raise your insurance rates, even if you weren't ticketed. Since he didn't have insurance there is no way to subro against his company, but your insurance company will likely sue him for the money. The insurance company may not increase your premiums, but dont be surprised by it.

I was in an accident, hitting something w/o any tickets being issued to me or the other driver who caused me to hit something to avoid him. My insurance went up by almost $2000.00 a year, so I now pay $5400.00 to insure a car because of someone else.

NJ would change their state moto to "Insurance fraud capitol of the world" if it weren't getting so much competition from Miami and Los Angeles.

 

That's not true. In California, you have to be found 51% or more at fault before your insurance company can raise your rates. Here is what you need to do Creaminz. Contact your insurance, I assume you have COL coverage since you stated you have a $1000 dec. You are going to end up paying your deductible and hope that your insurance company can recover that for you. Your insurance company will basically send the file to collections and go after the person that struck you from behind. Or, you can simply go to small claims court and try to sue for the damages. One word of caution though, even if you win in small claims court, it will be up to YOU to collect the money. If he won't pay, there isn't much you can do even with a small claims judgement. Good luck.

 

Dang this is so complicated, I'll contact my Insurance tomorrow. This guy was driving Nissan Pathfinder...I don't understand how he end up crashing into my car, everbody was going under 5mph!! I really don't wanna pay a penny, and I might go to the hospital tomorrow to take some MRI. My neck and back pains are killing me...seriously. Any other good adivce will be very welcome. Thank you all.

 

Coming from the insurance industry.... espeically claims, i can give u specific advice.

if he hit you 5mph or 10mph... don't waste your time getting an attorney. unless you rack up about 1k in med bills. If you think u'll be making frequent visits to chiropractor's office or a doctor's office, i recommend you to get an attorney asap. do not drag your feet. You are entitled to pain and suffering, loss wages, etc. if you drag your feet and receive treatment couple of days after the accident, your adjuster will give you a hard time when you try to settle. anyhow, there are different circumstances to this depending on your coverage.... above explaination is in case you go through your UM coverage....

who is your insurance carrier? AAA will waive your deductible if you are less than 51% at fault. most of the big insurance companies have a deductible waiver policies in case u get hit by uninsured motorists.

secondly, as far as your premium going up, it will go up no matter what depending on the situation. for instance... if your company pays xxx amount of dollars and if they do not collect 100% of their expenses back, you will see a rate increase. rate increase will depend on the company. for instance, if you have farmers insurance, you will see a big change because u will lose good driver discount assuming you have no other accidents or tickets....

BTW, this is only applicable in CA. PM me if you need specific questions answered

 

I don't know which insurance company you used to work for but per Department of Insurance, if the accident is not your fault, your own insurance cannot raise your rates.

 

let me rephrase my answer... most major insurance companies in CA have accident free discounts. your premium will go up because you will lose your discount associated with not being involved in an accident. so.... your premium will go up regardless... unless there is a successful subrogation which is somewhat rare in UM cases

 

Talk to your insurance company/agent. Hopefully you carry uninsured/underinsured motorist insurance. In California (hell, anywhere) you'd be crazy not too.

As said above, I wouldn't waste my time/money with an attorney unless you are significantly injured and don't think you'll recoup medical costs via your policy.

From what you describe, this should be a fixable collision easily handled by your insurance. They (the insurance company) take care of this issue everyday, and frankly, this is why you have insurance. Pay your deductible, let them handle the claim, and go on with your life.

My wife has been paid out twice (quite significantly - to the limit of the policy) for collisions with underinsured motorists. Not at fault with accident, and no change in rates.

 

Today I went to see my agent, and no I do not have UM covered. But I do have insured for Medical $2000. My insurance company is Progressive. And he told me no matter what I'm going to have to pay $1000 which is my deductible amount. I can't believe this!! I was going 10mph because of the traffic and this idiot came out of nowhere...CRASH!!! Why do I have to pay $1000!!? For what!? What did I do!? Somebody help!!~~~~~~~~~~~ is there anyways that I can avoid paying any money!? I also heard this from my buddy who used work for some insurance company that I can kind of negotiate with the Bodyshop and get away from paying the deductible...anyone know about this? Help me out guys....my CL is hurt so bad...and I think I injured my neck and back....painful to see my car and painful to wake up in the morning.

 

When you signed up for your insurance, you are the one that picked the deductible amount. There's basically nothing you can do but to pay your deductible and get your car fixed. You can negotiate with the body shop but you are not going to get much off of the $1000. How much is the estimate of your car's damage? If he was going about 10mph, it can't do much damage to your car.

 

UM is required here. Damn DC drivers.

If you don't have UM, will your insurance cover your car?

The insurance company gives you a check for a body shop estimate, minus $1000.

If a body shop estimates 5000 to fix your car, and the insurance company agrees, you get 4000.

If the body shop estimate is considerate, they'll ask for more money than is takes to fix the car, covering your deductible. So if it will cost 5000, estimate 6000, get a check for 5000, you pay nothing.

I'm not sure how easy it it will be to over estimate 1000 dollars. That is a high deductible.


For your pain and injury, if the other driver has no insurance and is broke, you're :screwed:.

 

Sounds this is becoming a lesson in automobile insurance.

1) Check our insurance costs before you purchase any car. Don't drive a car that you cannot afford the insurance for.

2) Purchase a policy that you can afford. This includes the deductible. Say to yourself -- if I get into an accident today, do I have $xxx that I can afford to pay the deductible to get the car fixed. If you cannot afford the dedudible then you should not have that particular policy or that particular car.

3) Make sure you know what is written in the policy. Make sure you know what you are covered for and how you'll be covered. Have the agent price out all the extras - sometimes you'll be surprised at how cheap something like car rental coverage is.

4) Make sure your coverage limits are as high as you can afford. If you drive around with the lowest limits you may find someone suing you for the difference in a large accident. Not everyone will agree with this, but personally I think it's better to be overinsured then underinsured.

5) You'd be an idiot to drive without uninsured or underinsured motorist's insurance. There's too many yahoos around who your insurance company will never collect from after an accident.

 

What is the purpose of uninsured motorist insurance if you already carry collision? You should be covered no matter what. Your insurance just has to pay if the other guy is uninsured. They can't refuse to honor a claim because you weren't at fault and the other guy doesn't have insurance. I always thought UM insurance was a scam if you have collision. Am I missing something?

 

Since you have no UM.... you could only get reimbursed for your medical bills. you will not be compensated for pain and suffering, loss of wages, etc.. which is normally covered by your UM coverage.

so.... the you're pretty much screwed...

word of advice... if you have health insurance from work, you don't need med coverage. med coverage is one of the most expensive coverages. If you do have health insurance, i would get rid of medical and get UM... YOU SHOULD'VE HAD UM IN THE FIRST PLACE DRIVING IN CA!

the only thing you have left to do is take the other guy to small claims.

 

Since you have no UM.... you could only get reimbursed for your medical bills. you will not be compensated for pain and suffering, loss of wages, etc.. which is normally covered by your UM coverage.

so.... the you're pretty much screwed...

word of advice... if you have health insurance from work, you don't need med coverage. med coverage is one of the most expensive coverages. If you do have health insurance, i would get rid of medical and get UM... YOU SHOULD'VE HAD UM IN THE FIRST PLACE DRIVING IN CA!

the only thing you have left to do is take the other guy to small claims.

 

Chad

Collision coverage is only for your car.

purpose of UM/UIM is to cover your INJURY related expenses when you get hit by an uninsured motorist or someone with insufficient coverage. If you have med coverage, you will only get reimbursed for your medical bills and they will not pay you for your loss wages, pain and suffering, mental anguish, loss of sexual performance... etc. UM coverage has nothing to do with property damage. there are other endorsements that are tied into property damage and UM situations but the section labelled "UM/UIM" on your policy has nothing to do with property damage.

If you live in CA, UM is a requirement. You'd be risking a lot if you don't have UM coverage in CA. there are so many ppl without insurance out there.

UM is not a scam!

 

From my personal experience, claims to uninsured/underinsured policies are handled separately from other automobile claims. In fact it was much easier to get paid via our UM claim then the other claims in the particular instance I am thinking about.

I also agree with what was said about self medical coverage on an auto policy. If you have otherwise good medical insurance, carrying it on your auto policy is superfluous.

 

OK I get it. So for creaminz getting his car fixed though not having UIM coverage isn't going to effect him if there is no injury claim made by him.

 

UM coverage for the property damage to your vehicle would apply if you do not have collision coverage and you have proof the other vehicle was uninsured. If you have collision coverage, you have to use that for the damage to your vehicle. If the person has no insurance and no assets your insurance company will not be able to recover the money it spent on your claim including your deductible. you always have the right to pursue the other driver directly in small claims court though.

 

Ok, I'll make it easy for you guys to understand.

COLLISION: Coverage for your own vehicle minus deductible.
PROPERTY DAMAGE: Coverage for the other party's vehicle that you hit if it is your fault.
BODILY INJURY: Coverage for the other party's injury claim that you are found to be at fault. This includes wage loss, pain and suffering and medical bills.
UNINSURED MOTORIST: Coverage to yourself for pain and suffering, wage loss and medical bills if the person that hit you is uninsured and is found to be at fault.
UNDERINSURED MOTORIST: Additional coverage if the person that hit you do not have enough coverage for your injury claim. Example, if you suffered 2 broken legs and the other party's insurance limit is only $15,000 and your own UIM coverage is $100,000. After you settle your claim with the other party's insurance for $15,000, you can present a claim to your own insurance company up to $85,000.
MEDICAL PAYMENT: Coverage for your medical bills and occupants in your vehicle.

Hope this helps.