DEALING WITH LIABILITY OR WHO IS AT FAULT
Even in cases where it can be clear who is at fault for an accident, the resulting process is not always as clear. If you are involved in a car accident where you were not at fault you may think it is best to have the at-fault driver or his/her insurance company control the auto body repair process and that may not be a good idea. There are many issues you should consider before making this decision. Contact us for help.
CONSUMER RIGHTS
It’s important to remember the other driver’s insurance company represents their insured driver, not you. Their obligation is to that person and they will always act in their own best interests. Once you are dealing with another insurance company, any rights you might have as a policyholder are gone and you are subject to the decisions of the other company with very little means of recourse.
DEALING WITH AN UNINSURED DRIVER
Unfortunately, despite mandatory insurance laws, many drivers operate cars that are uninsured. This is always a terrible situation to be in. Unfortunately, you can make a terrible situation worse if you allow the uninsured driver to get involved in the repair process.
The possibility of getting in an accident with another driver is a key reason why you should always strongly consider insuring your car with collision coverage or uninsured motorist property damage coverage. We review these coverages in our How Do Insurance Deductibles Work article. Any car that you can’t afford to replace is one that you should have properly insured.
CONSIDER USING YOUR OWN INSURANCE
Many times the best course of action, regardless of whose fault an accident is, is to use your own insurance to handle the repairs. This may seem strange to you, particularly if you are not at fault, but here are a few reasons why:
- You will be protected by your own insurance policy for all repairs.
- Your insurance company will recover the cost of the repairs from the at-fault driver or their insurance company through a process called “subrogation.”
- An accident that is not your fault should not raise your insurance rates. Insurance rates for auto insurance are driven by at-fault accidents, not claims. No reputable company would raise your rates for an accident that was not your fault.
- Even if you have an attorney, most personal injury attorneys do not wish to get involved in the auto body repair. By using your own insurance you have someone legally bound to repair your vehicle in your best interests and pursuant to your insurance policy.
Don’t let your agent sway you in making this decision. While your rates may not go up, some agents are impacted by how many claims they have. While no reputable agent would do this, some may encourage you to wait or try to go through the other person’s insurance. You should remind your agent your insurance policy requires you to promptly report all accidents and you wish to proceed with the claim for your own protection.
NO, YOU DON’T HAVE TO GET THREE ESTIMATES
There’s an old belief that once you’ve been in an accident the insurance company will require you to get three estimates and will pay the lowest one. This practice has been abandoned for some time and usually isn’t necessary. Getting multiple estimates should be completely up to you and can’t be required by an insurance company. Instead, you should pick a reputable auto body shop with certified technicians that stands behind its work with a full written warranty.
