Car crash - Who's insurance should I go through?

amother

Thu, Aug 03 2023, 4:52 pm

I was in an accident earlier this week. The other driver is at fault and takes full responsibility for the damages.

We both have insurance. Both of our insurance companies said they would cover the cost of repairing/replacing my vehicle.

I have to decide who to file the claim with, by tomorrow.

If I go through my insurance, I have a $1,000 deductible that the other insurance company said they would cover.

If I go through the other driver's insurance, it won't cost me anything.

Is there a right way or wrong way to deal with this?

If it makes any difference, my insurance company is Travelers, and the other driver's insurance is Progressive.

amother

Yellow

Thu, Aug 03 2023, 4:54 pm

amother OP wrote:

File with theirs. No question.
For pip, if you need, you may have to go after yours first and then theirs if reach the max.

Just call their insurance company and report it. File a claim .

amother

Thu, Aug 03 2023, 5:08 pm

Thanks for the responses.

So far, both of us opened claims.

I’m seeking medical treatment for injuries, so that will have to go through my auto insurance. (In NJ, something about the “no fault” law.) The other guys insurance is giving me $750 for compensation (deductible/loss of work/and so that I don’t sue…)

So I should be leaving both claims open? By his insurance and mine?
Will my insurance go up because I’ve opened a claim?

Sorry I’m so clueless. BH I guess.

amother

Garnet

Thu, Aug 03 2023, 9:58 pm

When I had an accident the other guy had horrible insurance since he was a taxi driver, but he was completely at fault. My insurance agent told me to use my insurance and they will fight the other insurance and get back what they can. That's what I ended up doing. It didn't cost me anything and my insurance did not go up and they dealt with fighting the other side. However, if the other side would have had normal insurance I would have gone through theirs. Taxi have the worst insurance apparently....I wonder why.

amother

Trillium

Thu, Aug 03 2023, 10:06 pm

The laws differ by state but if the other driver is at fault and you go through your insurance then your insurance will claim money from the at fault company and then reimburse you for your deductible. But definitely call the other company and give them all the details including injuries and save all medical documentation and take pictures of bruises etc. The personal liability portion is through the at fault drivers insurance. You’ll likely get a lot more money for it if you use a lawyer. We just went through this a few months ago and are using a lawyer. They only take a portion of what you get for liability. They don’t take anything from your property reimbursement. Someone made a left turn against a green light into my husband and totaled our car. My kids and some friends were in the car. It was a miracle that they all walked out.

ETA was there a police report? Your insurance company should walk you through all this and explain. For us it was worthwhile to have our insurance company replace our car and have them fight the other party because it takes a while for them to officially accept liability and all the paperwork etc. But we reported all the details to both companies.

amother

Azure

Thu, Aug 03 2023, 11:06 pm

Normally you would likely file with the other driver's insurance, but since you're dealing with an injury you'll probably want to file through your own insurance. And pp is right about the lawyer.

Refuah sheleimah! That is so scary and horrible.

amother

Aqua

Sun, Aug 06 2023, 11:28 am

Totally depends on the state and company. I filed with my insurance company and they got me everything covered, no deductible (mine gets waived if I am not at fault 100%).
No injuries but needed a new car seat, car damages etc. My company went after their company.

amother

Sun, Aug 06 2023, 11:55 am

Thanks everyone.

We ended up filing for our car replacement through their insurance (they think it's a total loss). And my medical expenses through mine. Their insurance offered a settlement for medical compensation, but my doctor thinks I should wait until a few weeks out to make sure there is no residual medical issues. He also thinks I should get a lawyer, we will see if we go that route.

After speaking to our insurance, to our insurance broker, and your answers here, we went through their insurance because:

A: they took 100% of the blame. I had dashcam footage that their driver ran a red light (though he tried blaming me!! BH for dashcams!) Being that they took total responsibility, they will do whatever it takes to make me happy so I won't sue. Also no deductibles. They will cover the towing, storage, car repairs/replacement, car rental until I get my car, and car seats.

B: it's best not to have a claim on your account, even if it was 100% the other drivers fault. Regardless of who's at fault, claims make your insurance go up. Also, if anything else happens this year to any vehicle on our plan, we can still get full payouts.

I've learnt a lot in the past week. Thanks again for all your help!

vintagebknyc

Sun, Aug 06 2023, 1:58 pm

The problem with not going through your own insurance is that you're waiving your rights if the other person's insurance messes up in ANY way. I've had this happen, neighbor damaged my car and we went through his insurance and he had me to go his preferred bodywork place: they trashed my car, cut my alarm system, and then held my car hostage because they hadn't been paid quickly enough.

I called my insurance for help and they told me I was on my own because I hadn't reached out to them. Lesson learned.