I was in a fender bender. Now what?
A minor auto collision with no injuries involved is usually not difficult to resolve. However, the more knowledge you have, the better off you will be! So here are some tips on what to expect if this happens to you:
A minor auto collision with no injuries involved is usually not difficult to resolve. However, the more knowledge you have, the better off you will be! So here are some tips on what to expect if this happens to you:
- In a minor collision with no injuries, the police may not make a report. The
police may not even respond at all, especially if the wreck occurred in a
parking lot or on private property. It is vital that you get the name,
contact info and insurance info for the other driver. Take a photo of
their driver’s license and insurance card with your smart phone!
- While you have your phone out taking pictures, take some of the cars. Try to do
this before they get moved, as it can be important in proving who was at
fault. Don’t forget to snap a photo of the other car’s license plate; and
you might go ahead and get a pic of the VIN as well. It is on the
driver’s side dash, visible through the windshield, or on a sticker on the
driver’s side door jamb.
- Report the fender bender! The other party may not bother to do it, but you have
their insurance card, so you can. Report it to your own agent as well,
even if it was not your fault. This could prove helpful later on.
- Once
the claim has been opened, you should be contacted by an adjuster who will want
to hear your side of the story. He will want to see your vehicle, or will
ask you to take it to a location where the damage can be inspected and photographed.
An estimate to repair your car will be written.
- If
the other insurance company agrees that you were not at fault, you should
receive a claim payment for repairs to your vehicle. Remember that by law
you have the right to choose where you want your car repaired. You do not
have to use the insurer’s “preferred shop”.
- The
wreck was not your fault but the other side refuses to pay. Now
what? Well hopefully you have notified your own insurance company.
Under your own collision coverage, your insurer will see that your car is
repaired, although you will have to pay your deductible.
- Your insurance company will then seek to recover the money they spent on your
repairs, plus your deductible, from the other insurance company. Most of
the time, the companies can work things out amongst themselves, but sometimes
they agree to go into arbitration. In this case, both sides present their
evidence and an independent mediator decides who was at fault and orders an
award be paid to one side or the other.
- But
I don’t have collision coverage, so now what? Your best bet in a minor
collision is to file against the other driver in small claims court.
Small claims courts will handle cases worth up to $10k and if you win, you will
not have to pay any attorney fees.
- I have just been served with a lawsuit by the other side… what do I do? IMMEDIATELY notify your insurance company. Usually, personal auto policies require that the insurance company hire an attorney to defend you in this case. So go call your agent. Do it now! J