If the party at fault doesn't respond to the insurance company what will happen?
What are the options I have? Somebody said I can file a claim with my insurance company who will use my insurance to pay for the damage and then will go after them to get the money. Is that correct? And will my insurance rates go up since I wasn't at fault?
Also will they use my comprehensive coverage or collision or Uninsured motorist damage coverage because I have different deductibles for these?
Thanks
7 attorney answers
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You should first contact your insurance company and tell them what occurred. Second, you should go see a personal injury attorney. The attorney may need to file suit or may be able to reach out the negligent driver's insurance company and speak to the adjuster. Sometimes, not always, once a suit is filed the adjuster will accept service on their insured's behalf.
there were no injuries occurred. It was a minor accident. Anyway I took it to a body shop and they estimated $570. When i took it to the insurance company's (his) body shop they estimated $1k plus. My collision deductibles are 500. Does it still make sense to submit a claim at my insurance company (don't know if my policy rates will go up)?
The smartest move is to file a claim with your own insurance company. Once your insurance company pay for the damages, it will seek reimbursement from the liable third-party. This will help you to fulfill you obligation to mitigate your damages during the claims process.
Will it increase my policy premium? Also I took it to a body shop and they estimated $570. When i took it the insurance company's body shop they estimated $1k plus. My collision deductibles are 500. Does it still make sense to submit a claim at my insurance company (don't know if my policy rates will go up)?
There are no guarantees as to policy premiums. Generally speaking, if it is determined that the other party is 100% at fault, the premiums of the innocent party should not be effected. Your damages may be more depending upon the final repair bill. Damages are sometimes uncovered during the repair process. You will also need a rental vehicle during the period of repair. Either way, your damages are not very large. You need to make your own decision.
You can hire an attorney and file suit against them immediately or let you auto insurance take care of the claim thru your collision or Uninsured Motorist coverage. The insurance company for the guy who hit you might be looking for way to not allow coverage because they are not cooperating.
Your carrier can pay your claim then they can decide to go after his insurance for reimbursement, but at that point you will be out of the process other than to cooperate with your own insurance company. You can contact a personal injury attorney for a free consolation in most states and they can provide advice as to what your particular options may be.
Yes your best bet is to go through your own collision.
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Your insurance company will handle this under the collision and apply the collision deductible. They will then pursue the insurance company for the at fault driver as well as your deductible. Impossible to say how your insurance company will treat the fact of the accident for rating purposes. I suggest you discuss that with your agent.
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