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questions for the lawyers


dmarc117
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tips on how to file a claim for an auto accident. should i make one on the phone or mail? just tell them what i want? how does the process work?

 

tia

 

 

edit: this is to the other drivers insurance company. they were at fault.

Edited by dmarc117
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tips on how to file a claim for an auto accident. should i make one on the phone or mail? just tell them what i want? how does the process work?

 

tia

 

 

edit: this is to the other drivers insurance company. they were at fault.

 

In most states it does not matter. I would probably do it by voice.

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I'm not a lawyer, but unfortunately I've been in 2 accidents. Niether of them were my fault but I still called my insurance company and let them handle things with the other insurance company. That made things pretty easy on me. The one thing they didn't do, that I had to on my own with the other guy's insurance company was get money for "dimunition of value" to my car since it was new and now had frame damage which made it worth less even after it was repaired. I had to fight pretty hard for that but eventually succeeded. Some people say that I shouldn't have called my insurance company since it wasn't my fault and they would jack up my rates but my company (USAA) says they don't do that.

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I'm not a lawyer, but unfortunately I've been in 2 accidents. Niether of them were my fault but I still called my insurance company and let them handle things with the other insurance company. That made things pretty easy on me. The one thing they didn't do, that I had to on my own with the other guy's insurance company was get money for "dimunition of value" to my car since it was new and now had frame damage which made it worth less even after it was repaired. I had to fight pretty hard for that but eventually succeeded. Some people say that I shouldn't have called my insurance company since it wasn't my fault and they would jack up my rates but my company (USAA) says they don't do that.

 

Good advice here. I have never contacted "their" company, always went thru mine, and my rates have never gone up. (State Farm)

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Your rates should never go up if it's not your fault. I don't know of any company that would surcharge for a not-at-fault accident.

 

If you file this under your policy, you might be out your deductible until your insurance company recovers it from the liable company. Something to think about.

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I'm not a lawyer, but unfortunately I've been in 2 accidents. Niether of them were my fault but I still called my insurance company and let them handle things with the other insurance company. That made things pretty easy on me. The one thing they didn't do, that I had to on my own with the other guy's insurance company was get money for "dimunition of value" to my car since it was new and now had frame damage which made it worth less even after it was repaired. I had to fight pretty hard for that but eventually succeeded. Some people say that I shouldn't have called my insurance company since it wasn't my fault and they would jack up my rates but my company (USAA) says they don't do that.

 

 

this is exactly what we will have to do. got into another accident last week. it was the other drivers fault and they got a ticket. our 5mo old suv now needs over 8k in repairs. i have my insurance company covering everything and letting them go after the other ins. for those expenses. will have to go after the other ins. myself for the diminished value claim among other things. what a pain in the arse. still havent settled the previous accident from last year in which the other driver blew a red light. i need a tank!

 

my question is when you say 'fight pretty hard'. does that mean you lawyered up? u had to go to court? tia

Edited by dmarc117
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my question is when you say 'fight pretty hard'. does that mean you lawyered up? u had to go to court? tia

 

I did not get a lawyer. When I did initially talk with their claims person and brought it up she said she didn't think they would do much. I just continued to plead my case and even mentioned not wanting to hire a lawyer and drag this out. After my car was fixed, I took it into Carmax and had them appraise it. I made sure they knew it had been in an accident so they would give me the lowest possible appraisal. I pulled off the value of my car in excellant condition from edmonds or kbb and I asked for the difference. I faxed all of the supporting documents in to their insurer and then continued to pester them and let them know that i had no interest in driving a car that had been in an accident and would be selling my car to Carmax and buying a new car and that Carmax's offer was only good for 7 days. They agreed to pay the difference.

 

I think that I was dealing with Allstate and once they saw that I wasn't trying to fleece them and had the documentation supporting my claim, they paid up. I don't know if every insurer will act the same way.

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