Vehicle Damage: Whose Insurance Pays?

If your vehicle has been damaged in an accident, the first thing to do is to report the accident and start the car insurance claim process. It's important to do this regardless of who was at fault, as it can provide timely assistance and ensure your safety. You should also contact the other driver's insurance company and your own insurance company to inform them of the accident. Exchange insurance information with the other driver, and take photos of the damage to both cars, as this will help with the insurance claim. If anyone was injured in the accident, call 911 and get a police report.

Call 911 if anyone is injured, or the police if vehicles are damaged

If anyone is injured in a car accident, call 911 immediately. This is the fastest way to report the accident and get emergency medical help. Even if you think an injury is minor, call 911. You are not a physician and may not recognise signs of a more serious injury. For example, chest and back pain are common after a crash due to the force of the seat belt, but you might not realise you have a broken bone.

If you are unsure whether the situation is an emergency, officials recommend calling 911 and letting the call-taker determine whether you need emergency help. If someone is injured, the dispatcher will notify the police, and an officer will file a police report. Make sure you get a copy of this report for your insurance claim.

If there is no injury, you may not need to call 911. However, if you are unsure, it is better to err on the side of caution and call. A trained law enforcement officer can be an invaluable source of help and information in a confusing situation. They can:

• Provide or call for emergency medical care
• Protect the accident scene
• Investigate and document the potential cause of the accident

In the case of vehicle damage, most states require drivers to call the police when vehicle damage exceeds a certain dollar amount. In Massachusetts and New Hampshire, for example, you are required by law to call the police when damages exceed $1,000. It doesn't take much impact to create $1,000 worth of damage, especially if newer models are involved.

If the police decline to come to the scene of a minor accident, you can still file a police report yourself. Go to the nearest police station and file a report after exchanging information with the other driver. If there are any witnesses, get their names and contact information, too. Make a note of the exact location of the accident and how it happened, and take pictures of the vehicles and the scene from multiple angles.

Exchange insurance information with the other driver

Exchanging insurance information with the other driver is a standard procedure after a vehicle accident. While it is not required in some places, doing so can help streamline the claims process. If the other driver refuses to provide their insurance information, there are still steps you can take to protect yourself and file a claim. Here is a detailed guide on exchanging insurance information and handling uncooperative drivers:

What to Exchange:

• Full Names: Knowing the full name of the other driver helps identify the involved parties and makes it easier to contact them or their insurance provider.
• Contact Information: Obtain the other driver's address, phone number, and email if possible. This ensures direct communication during the claims process.
• Insurance Details: Get the name of their insurance company and their policy number. This information is crucial for filing a claim. Take a picture of their insurance card if possible.
• Vehicle Information: Make a note of the vehicle's make, model, license plate number, and any other identifying details. This information is important for reporting the accident accurately.

Dealing with Uncooperative Drivers:

If the other driver refuses to provide insurance information or leaves the scene without exchanging details, remain calm and follow these steps:

• Contact the Authorities: Call the police and report the accident. In many states, this is a mandatory first step. The police will help enforce the exchange of insurance information and ensure that all necessary details are documented.
• Take Photos and Notes: If the other driver is uncooperative or flees the scene, take photos of their vehicle, including the license plate, make, and model, and any damage. Write down a description of the driver and their vehicle. This information will assist the authorities in identifying and locating the other driver.
• Notify Your Insurance Provider: Contact your insurance company and provide them with the details of the accident, including any information you have about the other driver and their vehicle. They can conduct their own investigation to track down the driver and their insurance information.
• Witnesses: Look for witnesses who may have seen the accident and obtain their contact information. Witnesses can provide valuable details and support your claim.
• Medical Attention: Even if you feel fine, consider seeking medical attention. The shock of an accident can mask injuries, and some issues, like whiplash or internal injuries, may not present symptoms immediately.
• Document the Scene: If it is safe to do so, take photos of the accident scene, capturing the damage to your vehicle and any relevant details that could help identify the other vehicle or driver.

Remember, each state may have specific requirements and procedures for exchanging insurance information and handling accidents. Always prioritize your safety and the safety of others involved, and adapt these guidelines as needed to comply with local laws.

Take photos of your car and, if possible, the other driver's car

Taking photos of your car and, if possible, the other driver's car is an important step in the aftermath of an accident. These photos will serve as powerful evidence to support your insurance claim and help you get maximum compensation. Here's what you need to do:

Capture the Damage to Your Vehicle:

• Take close-up photos of dents, scratches, broken windows, deployed airbags, busted tires, and leaking fluids.
• Pop the hood and document any visible engine damage.
• Take photos from different angles to show the extent of the damage.
• If possible, take photos with and without the flash to ensure the details are clear and not distorted.

Document the Position of the Vehicles:

• Capture the proximity of the vehicles to the accident spot and to each other.
• Include the license plates in the photos to confirm the identities of the cars involved.

Capture the Other Driver's Vehicle Damage:

• Take detailed photos of the other driver's car, including any paint transfer from your car at the point of impact.
• Look for broken glass, damaged car parts, and debris that may have fallen off the cars.
• Take photos from close and wide angles to identify which car the debris came from.

Remember to act quickly and capture these photos as soon as possible after the accident. If you are injured or unable to take photos yourself, ask a passenger, a loved one, or a witness to help. Prioritize your health and safety, and always ensure you get the medical attention you need first.

Contact your insurance company

Contacting your insurance company is an important step to take after a car accident, even if you are not at fault. This demonstrates your good faith in reporting the accident and can aid you if the other party's insurer denies responsibility or if their insurance was invalid at the time of the incident. It is also important to note that some car insurance companies may demand authorisation from you before proceeding with any vehicle repairs or injury treatments. Therefore, it is crucial to obtain this authorisation in writing or via email to ensure a smooth claims process.

When contacting your insurance company, it is important to provide them with all the relevant information about the accident. This includes details such as the other driver's name, contact information, insurance company, and policy number. Additionally, it is helpful to provide witness statements, photographs of the accident scene, and a copy of the police report if available. This information will assist your insurance company in assessing the situation and determining the next steps.

It is also worth noting that you may need to decide whether to file a claim with your own insurance company or the other driver's insurance company. If the other driver is at fault and has valid insurance coverage, you can choose to file a third-party claim with their insurance company. However, if the other driver does not have sufficient insurance coverage or if there are delays or disputes in the process, you may need to turn to your own insurance company for coverage.

In some cases, you may want to consider using your own collision or comprehensive insurance coverage to repair your vehicle, especially if the other driver is uninsured or underinsured. By doing so, you can avoid dealing directly with the other person's insurance company and streamline the claims process. However, it is important to keep in mind that your insurance check may be reduced by your collision deductible amount, and you may only get that deductible amount back if your insurance company recovers the funds from the other driver's insurer.

Decide if you need to file a legal claim

Deciding whether to file a legal claim after a car accident can be a complex process. Here are some key considerations to help you make that decision:

Understanding Insurance Coverage and Claims:

Before deciding to file a legal claim, it's important to understand how insurance coverage and claims work. Most car accidents are handled through insurance claims, either with your own insurance company or the other driver's insurer. It's essential to review your insurance policy to know what is covered and what the specific time frame is for filing a claim. In some states, there are also legal requirements for when you must file a claim with your insurer.

Types of Car Insurance Claims:

There are two main types of car insurance claims: first-party claims and third-party claims. A first-party claim is filed against your own insurance coverage, while a third-party claim is made against the other driver's insurance policy if they were at fault for the accident. Understanding which type of claim you need to file will impact your decision on whether to pursue legal action.

Evidence and Documentation:

When deciding whether to file a legal claim, consider the strength of the evidence and documentation you have. This includes witness statements, police reports, medical records, and repair estimates for your vehicle. The more comprehensive your evidence, the stronger your case will be if you decide to pursue legal action.

Statute of Limitations:

Every state has a deadline, known as a statute of limitations, for filing lawsuits for personal injuries or property damage resulting from car accidents. These deadlines vary by state, so it's crucial to be aware of the time limit in your specific state. If you miss the statute of limitations, you will lose the right to sue.

Negotiating a Settlement:

Before deciding to file a legal claim, consider attempting to negotiate a settlement with the insurance company. It's common for insurance companies to make an initial settlement offer that is lower than what you may be entitled to. You can counter this offer and negotiate to reach a settlement that is fair and covers your damages.

Seeking Legal Advice:

If you are unsure about your options or feel that you are not being offered a fair settlement, it's advisable to consult with an experienced car accident attorney. They can guide you through the process, evaluate any settlement offers, and help you decide whether filing a lawsuit is the best course of action.

Remember, the decision to file a legal claim depends on various factors, including the specific circumstances of your case, the applicable laws, and the potential benefits and drawbacks of pursuing legal action.

Frequently asked questions