anyone familiar w/ auto insurance?

[JenStone]

My boyfriend was in a car accident this morning. It was very minor - he said he was going about 5mph when he accidentally rear-ended the guy in front of him. Thank goodness no one was hurt!

The reason I''m posting is because he was driving my car when this happened. So he would like to prefer not to go through insurance, since it was such a minor accident and our deductible will most likely be more than the cost of the damages.

However, the other guy is insisting on using his insurance. According to my boyfriend, there is NO damage to my car. And as far as he can tell, the accident did not cause a damage to the other car either. But the other car was pretty beat up pre-accident and already had scratches on his rear bumper. For example, the scratches on the corner of the bumper could not have been caused by the accident.

My boyfriend and I both think that the other guy will use this accident to try to get a new bumper. In other words, his insurance company will try to get the most money out of us.

Will my boyfriend explaining to the other guy''s insurance company help us at all? What do you suggest we do?

 

[belle]

if you are not filing a claim for damages to your car, you should not have to pay anything. insurance is for fixing your own damage. he will have to pay his deductible to get his damage fixed, no matter when or how it happened. there is nothing to ''get out'' of you. he will have to deal with his insurance company. you (your bf) will probably be contacted by both insurance companies for your (bf''s) report but there is nothing to pay. that is what insurance is for.

 

[codex57]

Your b/f would want to avoid insurance not cuz of the deductible, but b/c it would be an accident against him. It''s minor tho. Some insurance co''s won''t dock him that much if at all.

Did he take pics immediately after the accident? He has a valid concern, but if you go through insurance, there''s nothing you guys are gonna have to pay for. The insurance will pay for it. There is the thought that your insurance adjuster will be competent enough to figure out what damage was caused by your b/f and what was previous damage. If the guy is insisting, then I''d have your b/f just contact both insurance companies and voice his concern that the guy is trying to claim damage that was caused from previous events. That''ll let the adjusters know to look more carefully.

 

[diamondsrock]

well, I don't know what state you're in but in my state I'm pretty sure if I rear-ended another car it would be considered my fault no matter what. Even if the person in front of me stopped quickly. It doesn't make sense but it's the way things are here (I think).
That being said, since I would get blamed, if the other person had damages and tried to get them fixed through their insurance co. they would not have to pay the deductible because it would not be deemed their fault. Their insurance company would come after mine for the cost of repairs, including the deductible. In our state, you only pay the deductible if it is deemed your fault.
So if he wants to go through the insurance and wants to report it, I don't know how you could get around that.
A few years ago, someone rear-ended me at at light and we just settled without insurance. It was only around $100 for the tail light and he paid me cash. But we both agreed upon this.
Good luck with whatever happens. Glad no one was hurt (most important thing) and that it was only minor. I agree with your boyfriend telling the insurance that there was previous damage there. He needs to let them know that.

 

[JenStone]

ARGHHH!!! So the guy has proceeded to call his insurance company to tell them that he needs a new bumper. He is also complaining that he has neck and back pains and thinks he should be compensated accordingly.

My boyfriend BARELY bumped the car! I got to talk to him on the phone between my first post and this one - the story is that they were in bumper to bumper traffic when my boyfriend had a sneeze attack. His foot accidentally released the brake and the car SLOOWLY moved forward. He said he probably wasn''t even going 5mph when the impact occurred. He did take pictures, and sent them to me - there is no damage at all.

Unfortunately, they didn''t call for a police. I think a police report would have helped us in this situation. I still need to ask my boyfriend whose decision it was not to get the cops involved.

Now I have my insurance company calling me asking me what happened, asking for a statement from me, my boyfriend, my father (my insurance is under his master policy), etc.

I can''t believe the things some people do for money! I wish I could call the other guy up and tell him, "Be a man and grow a pair." I''ve been in much worse accidents before and didn''t experience the kind of pain this man is claiming to have.

 

[JenStone]

Date: 11/20/2006 1:25:58 PM
Author: diamondsrock
well, I don''t know what state you''re in but in my state I''m pretty sure if I rear-ended another car it would be considered my fault no matter what. Even if the person in front of me stopped quickly. It doesn''t make sense but it''s the way things are here (I think).
That being said, since I would get blamed, if the other person had damages and tried to get them fixed through their insurance co. they would not have to pay the deductible because it would not be deemed their fault. Their insurance company would come after mine for the cost of repairs, including the deductible. In our state, you only pay the deductible if it is deemed your fault.
So if he wants to go through the insurance and wants to report it, I don''t know how you could get around that.
A few years ago, someone rear-ended me at at light and we just settled without insurance. It was only around $100 for the tail light and he paid me cash. But we both agreed upon this.
Good luck with whatever happens. Glad no one was hurt (most important thing) and that it was only minor. I agree with your boyfriend telling the insurance that there was previous damage there. He needs to let them know that.

Diamondsrock - what state are you in? The last time I was in an accident, it wasn''t my fault AT ALL and I still had to pay the deductable to get my car fixed. I need to move to your state!

 

[codex57]

Police may not have come even had they called. Police report would always be useful. Unfortunately, in many states, the police won''t come unless there''s an injury reported at that time.

 

[Allisonfaye]

I remember when I lived in California. Everyone I knew had some sort of insurance company bilking story. One day, our neighbor (who was a big jerk) was at our house bragging about how he had swindled $3k out of his wife''s insurance company. I couldn''t help myself. I said ''It is people like you that drive up the rates for everyone else''. He got mad, left and slammed the door on his way out. It makes me sick how money hungry some people are that they lie and do that.

 

[Christa]

If an accident is someone else''s fault, they (or their insurance) pays your deductible, and if you rear-end someone it''s your fault even if they stopped on the interstate.

The good news is that insurance companies aren''t stupid--they will be able to look at your car and his and see that yours didn''t cause the damage to the other guy''s! If he''s going through insurance, you will have to get yours involved, too, but that''s what they are for. Let them fight it for you. Good luck!

 

[Christa]

Date: 11/20/2006 5:23:14 PM
Author: JenStone
Diamondsrock - what state are you in? The last time I was in an accident, it wasn''t my fault AT ALL and I still had to pay the deductable to get my car fixed. I need to move to your state!

In every state the person at fault pays. Did you go after the other person''s insurance?

 

[cutes814]

i''m not surprised he is claiming to have neck and back pains. no matter how slight or small the accident might be, if you get rear-ended, you can experience whiplash. and the pain usually comes a day or two after the accident. happened to my FIL. he got rear-ended. it was at a very slow speed and he had pains from the whiplast a couple days later. he had to got through acupuncture treatments for the pain.

you shouldn''t have to worry much. your insurance will take care of the expenses. the only thing you might be responsible for is your deductible. i understand your boyfriend wanting to settle this outside of filing for insurance, but from the other guy''s perspective, i wouldn''t feel so good about it since it was your bf that rear-ended him.

that guy might be trying to scam a new bumper out of this, but the insurance adjusters will know when they see your car and his. don''t worry, everything will work out. insurance is for accidents and this is exactly that. just let your insurance co. know all the details and let them go to work for you. that''s why you pay all those premiums.

 

[sumbride]

Date: 11/20/2006 6:57:22 PM
Author: Christa

Date: 11/20/2006 5:23:14 PM
Author: JenStone
Diamondsrock - what state are you in? The last time I was in an accident, it wasn''t my fault AT ALL and I still had to pay the deductable to get my car fixed. I need to move to your state!

In every state the person at fault pays. Did you go after the other person''s insurance?

I was in an accident last month and we had the same insurance company. They couldn''t DETERMINE fault! ARGH!!! The guy that hit me swerved into my lane and scraped the side of my car. We were maybe going 5 mph because I was turning right and he had been behind somebody turning left. It caused $2k worth of damage to my car and I had to go to the emergency room a few days later with significant back pain. AND I had to pay my deductible, but then, so did he. Really NOT fair.

The guy was probably trying to milk it for all it''s worth. Rear ending somebody isn''t ALWAYS your fault... there''s that new breed of insurance scammers that will actually stop in front of you HOPING you''ll hit them. Insurance companies are wise to this.

 

[JenStone]

Date: 11/21/2006 3:15:34 PM
Author: sumbride

Date: 11/20/2006 6:57:22 PM
Author: Christa

Date: 11/20/2006 5:23:14 PM
Author: JenStone
Diamondsrock - what state are you in? The last time I was in an accident, it wasn''t my fault AT ALL and I still had to pay the deductable to get my car fixed. I need to move to your state!

In every state the person at fault pays. Did you go after the other person''s insurance?

I was in an accident last month and we had the same insurance company. They couldn''t DETERMINE fault! ARGH!!! The guy that hit me swerved into my lane and scraped the side of my car. We were maybe going 5 mph because I was turning right and he had been behind somebody turning left. It caused $2k worth of damage to my car and I had to go to the emergency room a few days later with significant back pain. AND I had to pay my deductible, but then, so did he. Really NOT fair.

The guy was probably trying to milk it for all it''s worth. Rear ending somebody isn''t ALWAYS your fault... there''s that new breed of insurance scammers that will actually stop in front of you HOPING you''ll hit them. Insurance companies are wise to this.

Okay maybe I''ve been living in a cave for the past few years but are you serious? There are actually people out there that do this?

An update: a rep from my insurance company came by yesterday to take pictures of my car. She said, "There is no damage to your car whatsoever....I''m starting to doubt the amount of damage the other party is claiming." Phew for that!

 

[codex57]

Date: 11/22/2006 12:31:38 PM
Author: JenStone

Okay maybe I''ve been living in a cave for the past few years but are you serious? There are actually people out there that do this?


An update: a rep from my insurance company came by yesterday to take pictures of my car. She said, ''There is no damage to your car whatsoever....I''m starting to doubt the amount of damage the other party is claiming.'' Phew for that!

It''s called swooping. Common in Southern California by scam artists. I imagine it''s common elsewhere as well. Law enforcement is slowly becoming aware of it.