Question about insurance - minor accident

Hello,

This is the first time I was involved in a car accident and I have
some questions - I hope I can get answers here. Sorry that this
message
is a bit long, for such a minor issue... :-(

Couple of weeks ago, on Apr 22nd, a careless driver hit me on the
highway. Luckily it was in a place where the traffic was very slow
(about 10mph) and nobody was hurt. His car did not suffer any visible
damage whatsoever, while my car had what looked like a bent rear
bumper. A tow truck was passing nearby and stopped to check on us.
The other car's driver proposed not to call the insurance, but said
that he will pay to fix my car. The tow truck driver said that the
damage looks really minor - $100 or so, - so this is OK. He also said
that if the other driver refuses to pay, I can always file claim.
Also, he (the tow-truck driver) would file a report about the accident
that can be used to verify that it is not my fault, if something goes
wrong. So, we exchanged phone numbers and insurance information with
the other driver. Couple of days later, the other driver found a body
shop and I drove there. The repair was estimated at about $1300! We
decided to go with the insurance.

So, I filed a police report (required for everything with >$750
damage), called my insurance to report the accident. Two days later
they called me back and told me that if it was other's driver fault I
should call his insurance agency.

I called the other insurance (AAA), described the accident. After 4
days with no response from them I called again and was told that they
couldn't get hold of the other driver, so when they do they will call
me. Also, they told me that I should contact them through my
insurance, and not directly.

I checked was told that there is a 30 days time limit to settle all
this - 30 days after the accident. It is after the two-week point now
and still nothing was done. It seems to me that AAA doesn't really try
to do anything. Meanwhile, the back door of my car cannot open (because
of the bumper), and I need to use the car for carrying some equipment.

My questions a

1) Is the thing about the 30-day time limit true?

2) Is there anything to speed-up the process?

3) What can I expect as a result - should AAA cover the entire sum for
the repair, or I will have to pay something out of my pocket?

4) If by some reason AAA refuses to pay, I have collision coverage on
my insurance. If I use it, I am worried that my premium will go up,
even if the accident is not my fault. Is this true?

5) Do you have any other advice?

Sorry for the long message - this is my first accident, I don't know
what to do...

Thanks,

- Alex

Around 5/5/2005 2:06 PM, wrote:

> 5) Do you have any other advice?

Much of the advice given on USENET is worth roughly what you paid for it.

I would highly suggest giving the office of your state's insurance
commissioner a call. They can usually provide advice for what to do when
the insurance companies don't want to play nice, and they'll know the
particulars of your state's insurance laws.



--
~/Garth |"I believe that it is better to tell the truth than a lie.
Almgren | I believe it is better to be free than to be a slave.
******* | And I believe it is better to know than to be ignorant."
for secure mail info) --H.L. Mencken (1880-1956)

Well, that's already a good advice, :-) I didn't even knew that such
animal as "insurance commisioner" exists!

Thanks Garth,

- Alex

On 5 May 2005 14:06:25 -0700, wrote:



>A tow truck was passing nearby and stopped to check on us.

You mean a vulture saw you there and went looking for an easy meal.

K Smythe wrote:
> On 5 May 2005 14:06:25 -0700, wrote:
>
>>A tow truck was passing nearby and stopped to check on us.
>
> You mean a vulture saw you there and went looking for an easy meal.
>

You can say this, :-) Now that you mention it, he looked quite
disappointed after he examined the damage, :-)

- Alex

In article .com>,
wrote:

> Hello,
>
> This is the first time I was involved in a car accident and I have
> some questions - I hope I can get answers here. Sorry that this
> message
> is a bit long, for such a minor issue... :-(
>
> Couple of weeks ago, on Apr 22nd, a careless driver hit me on the
> highway. Luckily it was in a place where the traffic was very slow
> (about 10mph) and nobody was hurt. His car did not suffer any visible
> damage whatsoever, while my car had what looked like a bent rear
> bumper. A tow truck was passing nearby and stopped to check on us.
> The other car's driver proposed not to call the insurance, but said
> that he will pay to fix my car. The tow truck driver said that the
> damage looks really minor - $100 or so, - so this is OK. He also said
> that if the other driver refuses to pay, I can always file claim.
> Also, he (the tow-truck driver) would file a report about the accident
> that can be used to verify that it is not my fault, if something goes
> wrong. So, we exchanged phone numbers and insurance information with
> the other driver. Couple of days later, the other driver found a body
> shop and I drove there. The repair was estimated at about $1300! We
> decided to go with the insurance.
>
> So, I filed a police report (required for everything with >$750
> damage), called my insurance to report the accident. Two days later
> they called me back and told me that if it was other's driver fault I
> should call his insurance agency.
>
> I called the other insurance (AAA), described the accident. After 4
> days with no response from them I called again and was told that they
> couldn't get hold of the other driver, so when they do they will call
> me. Also, they told me that I should contact them through my
> insurance, and not directly.
>
> I checked was told that there is a 30 days time limit to settle all
> this - 30 days after the accident. It is after the two-week point now
> and still nothing was done. It seems to me that AAA doesn't really try
> to do anything. Meanwhile, the back door of my car cannot open (because
> of the bumper), and I need to use the car for carrying some equipment.
>
> My questions a

I don't know about the 30-day limit, but its probably easy to verify if
you search your state's DMV web site. If I were you, I would contact the
other guy's insurance company by phone and leave one simple message. The
message is just this "if they do not process your claim in one week, you
will hire an attorney". If the week passes without hearing from the
insurance company, hire an attorney and sue. I hate to say it because I
think we are too litigious a society, but this is the only way you can
preserve your rights with an uncooperative insurance company.

wrote:
>
> I checked was told that there is a 30 days time limit to settle all
> this - 30 days after the accident.
>
> My questions a
>
> 1) Is the thing about the 30-day time limit true?

Not likely. You probably misunderstood the common requirement in many
policies that a claim *be filed* (or similar notification of a pending
claim that may be filed) within 30 days.
--
C.R. Krieger
(Been there; done that)

wrote:
> 1) Is the thing about the 30-day time limit true?

If such a limit exists it is written in the insurance policy. Read it.

> 2) Is there anything to speed-up the process?

If the other guy's insurance co appears to be stalling, call your own
insurance co. If your own is stalling, keep good notes and consider
getting advice from a lawyer.

> 3) What can I expect as a result - should AAA cover the entire sum for
> the repair, or I will have to pay something out of my pocket?
>
> 4) If by some reason AAA refuses to pay, I have collision coverage on
> my insurance. If I use it, I am worried that my premium will go up,
> even if the accident is not my fault. Is this true?

Since you have collision coverage, your own insurance company is
responsible for paying you, and it's their problem to collect from
AAA and/or the other driver. AAA is correct in telling you that.

Your collision coverage should pay you the full amount of the repairs
(unless you went to an unreasonably expensive repair shop), minus your
deductible. What is "unreasonably expensive" depends on your carrier,
and may be written into the policy. Sometimes the company won't want
to pay the car maker's price for genuine replacement parts. (My
company offers this as an optional coverage for people who care about
it.)

There are attorneys who specialize in negotiating with the insurance
company over things like this, but they aren't cheap. For $1300, I
wouldn't make a federal case out of it, but that's partly personal
taste -- I carry a $1500 deductible.