Need some car accident advice

[Ann Marie]

Today my husband and I were driving home from visiting our son, his wife and our granddaughter. While we were on the freeway a car behind us clipped several cars and then hit us from behind.

They hit us on the back panel of the driver's side and then continued up the side. We went skidding and spinning across the freeway but luckily didn't flip (though we did get up on 2 whees) or hit anyone else.

The driver that hit everyone was not very responsive and was pulled out of his car and taken to the hospital.

This was my SUV. It's 10 years old and has 125k miles. It looks (well looked) great and ran perfectly. I couldn't bring myself to go from not having a car payment to having one and getting rid of my 'dive mobile'. Because of it's age, I only carried liability on it.

Because we didn't get to talk to him, we don't know if he has insurance or not. The information we got from the highway patrol is that the police report won't be available for 8 business days.

So, it sounds like I won't know if his insurance is going to cover my losses until I get the police report?

I was going to go rent a vehicle tomorrow morning. I guess until I know if he has insurance I'm going to have to pay for the car rental right?

Is there anything I should be doing while waiting for all of this information?

My insurance company is going to be having a claims adjuster call me but I think that's so they can be sure that it's not our fault.

Thankfully, other than the driver that caused everything no one else was hurt. We don't know if he was hurt in the accident or if there was something else going on.

 

[Cave Diver]

Yikes! Sorry to hear about that! I can't offer you any advice to your questions, but I'm glad none of you were hurt.

 

[Ann Marie]

Thanks! Me too. I hope my truck won't be considered totaled. I've had some great dives out of it nad don't mind sand, saltwater, or mess in it.

 

[2 Big 2 Fail]

Although the accident report won't be ready to release for a few days, agencies I've been with have always been willing to provide insurance information early. In fact, around here, our officers routinely hand out a form with the drivers' informations and insurance, the location the officer is using on the report, date, time, etc. Call the agency that worked the wreck, which for the highway patrol means the office the trooper works out of, and explain that you would like the other driver's insurance information to start a claim. They should by now have seen him at the hospital and know if he has insurance. You will then at least know if there is any insurance, and if it will pay for your rental and when they can get an adjuster on it.

If there is no insurance, of course you're going to have to go it on your own. If there's a provision in your state to lock up the uninsured driver's license and/or plates until they pay (there is in mine), start that paperwork. It may not produce anything soon, but it can't hurt. Lawsuits are generally futile, since people who don't buy insurance usually don't have anything to get.

 

[Froid]

Uninsured (including underinsured) motorist coverage is a part of almost every automobile policy sold in California. Your uninsured motorist coverage is designed to compensate you for a loss which you sustain, and which is caused by a driver who is uninsured, or inadequately insured.

Your insurance company is required by law to offer uninsured motorist coverage as part of every automobile policy written, unless you specifically decline it, in writing. Coverage is usually designated on the face page of your automobile insurance policy by the letter or letters "U" or "UM".


Uninsured motorist laws cover not only physical damages sustained to the driver and all people covered under the policy, but may also protect against damage done to the car itself. Those who purchase coverage for property damage in California must make physical contact with the uninsured vehicle. While the law does not require you to file a police report, you must be able to either identify the driver or the license plate number of the uninsured automobile to receive your benefits.


I am leaning toward the vehicle being totaled. Make sure to look on the interent to find comparable vehicle pricing. As a past adjuster, I would start with the the lower pricing on the the vehicle to see if the insured would take it and settle.( Yeah, I know that is wrong, but that was the company instructions) Also, look for any receipts for improvement(betterment) of the vehicle that you have done in the past 12 months. New tires are a prime example of improvement.

Hopefully the other vehicle had insurance, this will make the whole process easier for your insurance company to subrogate against his insurance company. This will make life much easier for you.

 

[Teamcasa]

In general:
1. If he has insurance, you can insist on a rental that matches your SUV.
2. You CAN take your car to ANY shop you want for repair. Don't get intimidated by their adjuster saying you may have to pay more.
3. Regardless of his insurance status, you do not have to get three estimates. Take it where you want.
4. INSIST on seeing the invoices for the parts installed. So many shops are using non-factory replacement parts.
5. Be patient. This is not going to get fixed quick.

Edited:
If the insurance totals your car and offers a settlement. Do NOT accept it until you have quotes on the pre-accident value of you car first. I've seen thousands of dollar differences between offer and value turned around after just a little research work.

 

[Ann Marie]

Thanks so much!!!!

I just had new tires installed. I also had a new transmission put in this last summer.

Im going down to the CHP office to pick up the preliminary accident report. He was driving a newer nice Nissan so I'm hopeful.

I do have uninsured motorist insurance too. Though I'd hate to have to fight my own insurance company.

I rented a compact car but took it back because it made me nervous being so small. Ive never been a nervous driver but having this happen without ever seeing anything come towards us is kind of scary. We had to rely on what witnesses saw because we didn't see a thing. Couldn't even tell you who hit us.

 

[muddiver]

Uninsured motorist is the best thing you can have in California. I've had to use it twice with my 2002 Jeep. Fortunately it's new enough that I got a complete repair both times.

My wife had two cars totaled. Go out and find comparible vehicles for sale and go armed with comparible prices when you go to see an adjuster. It makes it easier to argue with them if you have something to wave in their face.

Also, I found it way easier to deal with my insurance as opposed to trying to track the other guy down. My insurance paid right away and then went after the money from the other guy. No mus, no fuss.

 

[Ann Marie]

Great advice. Thanks!!

Well the guy has insurance. He was also arrested ~ DUI.

 

[Ayisha]

Glad that some of your stress has been relieved knowing his insurance will pay. Good luck with everything! I hope that California is strict about dealing with convicted DUI's...

I am still surprised that it seems you guys are saying that you have a choice to get car insurance in the U.S. Here, you MUST have $250 000 liability insurance as an absolute minimum. No car insurance, no vehicle permit.