Automobile Accidents
Should the police take a report?With police agencies as busy as they are today, more and more agencies will generally only prepare a traffic accident report if there is a death involved; someone is injured; or the parties insist upon a report. However, it is very rare that an agency will take a traffic accident report if the accident occurred on private property, i.e., in a parking lot.
Generally, a police report is a very helpful tool to determine liability in an accident. The police report will recite a summary of the parties’ statements as well as the statements of any witnesses who may have seen the accident. Although these summaries are often brief, they provide the version of events immediately following the accident before any of the parties have had the opportunity to rethink things. Therefore, the argument becomes that the versions in the police report are generally the most accurate. Nevertheless, the counter argument is that with only a brief summary of the statement it is unclear how detailed the investigation of the accident was.
Obviously, police reports involving a serious bodily injury and/or death are quite extensive and not only involve a considerable amount of time and effort on the part of the police officer, it is designed to assist the officer in testifying in Court at a later date should the need arise.
Which Insurance Company Do I use to get my car fixed - mine or the other party’s?
Several factors will determine which company to use. Whether the other party’s insurance company "accepts liability" i.e., admits their insured was responsible for the accident, is generally the biggest factor in determining which company to use. If the other party’s insurance company does "accepts liability," either company would be fine. However, if there is a problem with the insurance company "accepting liability," you would probably be better off going through your own insurance company to have your car repaired. Despite the fact that you will have to pay a deductible, it is likely that you will get your car fixed much faster than waiting for liability to be determined. Another positive thing about using your own insurance company is that you will likely be treated much better as they want to keep you as a "customer" and will tend to be more flexible when determining a "total loss." It is important to note that once your company has resolved the property damage with you, it will then pursue reimbursement from the other party’s insurance company. This is done at no expense to you. In the event liability is determined against the other party, you will either be paid your deductible via your own insurance company or directly from the other party’s insurance company.
However, despite the advantage of using your own insurance company to cover the damage to your car, there are also several reasons that you may choose to go through the other party’s insurance company. As suggested above, if the other party’s insurance company "accepts liability," then it is easier to simply keep the entire claim together and go through the other party’s insurance company. There are also situations in which a person does not have enough money to pay their deductible and, therefore, must go through the other party’s insurance company to get their car fixed. Another situation would be if a person does not have insurance, they obviously have no other option but to use the other party’s insurance company. (Some states have enacted laws that prohibit uninsured drivers involved in an automobile accident to pursue the other driver for any type of bodily injury claims because they were uninsured). Finally, some people simply stand upon their convictions that they will not use their insurance company to cover the property damage if it was not their fault.
What do I do after I have made the claim for Property Damage?
The extent of damage to a vehicle is determined by an appraiser working for or hired by the insurance company or by an approved auto body shop. If the car was towed from the scene of the accident, the insurance company will be anxious to either have the car appraised at the tow yard if it looks like it is not repairable or to have it towed to a repair shop as soon as possible to avoid additional storage fees by the tow yard.
If you can drive your car, an appraisal will be scheduled. Typically, you will either be asked to bring your car to an inspection site at a local auto body shop or arrange for an appraiser to come to your home or work to perform the inspection. In some instances, when the damage is only minimal, you may be allowed to provide the company with estimates from various body shops in lieu of having the appraiser perform the inspection.
Once your car has been appraised and found to be repairable you can either select your own body shop to do the repairs or you can use the body shop approved by the insurance company. The advantage of using the approved body shop is that typically the insurance company will only warranty the work performed if you have the work done at the approved body shop.
If the appraiser determined that your car is a "total loss" it means that it would cost more to fix your car than it is worth or at least close to the value of your car. In determining the value of your car, the insurance company will use a service that searches various advertisements for car sales including private parties and/or car dealers. Generally, this value is determined by taking the average price of the similar vehicles found. If you are given an offer for settlement of your "total loss" that you believe is not reflective of the value of your car, you can find additional comparative advertisements or provide receipts of upgrades done to your car demonstrating why your car is worth more than those listed in the other advertisements.
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