My 1st accident
you don't have to wait for his insurance company...If you have uninsured motorist insurance just give your insurance a call tell them what happened and just take your car to any where you want and your insurance will send the bill to his insurance company.
Wrong, unless the other driver is uninsured, you need collision coverage to have your own company handle the claim. To do so, you still need to go through your own insurer's claim process, which usually involves having their appraiser look at the car and if your estimate is higher than theirs, negotiate with your shop. But in my experience, it's still the best way to go -- you are your company's customer, and they want to keep you happy. The other company has no such relationship with you, and simply wants to settle the claim as cheaply as possible.
thats some really bad advice, first of all thats insurance fraud and second of all if he did that he wont have any guarentee on the work.
Guys, ive seen quite a few insurance threads come up here but seriously, there is a reason you have to have a license to sell insurance. you really shouldnt give advise about insurance unless you know the law. or if your asking for advice ask the people who are in the insurance business. so much bad information on this subject following the wrong advice can cause you a lot more problems than its worth.
the insurance guy here suggests that you let his insurance company handel the claims process and be patient. all will be well in the end.
if their insurance company doesnt get the car fixed right then get your insurance involved. if you file the claim with your insurance carrier they arent going to do anything anyway unless they find the other company is not going to admidt fault on the part of their insured or if this person has no insurance.
in either case you have to pay your deductible (assuming you have full coverage)
filing a claim, collecting the check and fixing yourself for less money is actually insurance fraud you can go to jail for it. however in a case this size nobody is likely to make a stink over it.
keep in mind insurance is to make you WHOLE again. you are never to PROFIT from insurance. if you do profit then you just commited insurance FRAUD its that simple.
different example, suppose you lost a diamond wedding ring, you collected 10,000 from the insurance company for a replacement. you go buy a new one and a week later you find the old one. what should you do?
answer: call the insurance company and report it to the claims office, you would either have to return the ring or give the new ring to the insurance company.
however i know what most would do because thats how most people are.
the insurance guy here suggests that you let his insurance company handel the claims process and be patient. all will be well in the end.
if their insurance company doesnt get the car fixed right then get your insurance involved. if you file the claim with your insurance carrier they arent going to do anything anyway unless they find the other company is not going to admidt fault on the part of their insured or if this person has no insurance.
in either case you have to pay your deductible (assuming you have full coverage)
filing a claim, collecting the check and fixing yourself for less money is actually insurance fraud you can go to jail for it. however in a case this size nobody is likely to make a stink over it.
keep in mind insurance is to make you WHOLE again. you are never to PROFIT from insurance. if you do profit then you just commited insurance FRAUD its that simple.
different example, suppose you lost a diamond wedding ring, you collected 10,000 from the insurance company for a replacement. you go buy a new one and a week later you find the old one. what should you do?
answer: call the insurance company and report it to the claims office, you would either have to return the ring or give the new ring to the insurance company.
however i know what most would do because thats how most people are.
Hard to really tell from the picture, but that looks to be just superficial scratches on your bumper cover. I bet if you took some solvent like gas on a cloth and rubbed it down real good you could get his paint off your bumper and clean that up real good. Once it's cleaned up and as long as the scratches aren't too deep and wide then you could buff it out with scratch-x. I've done this in the past on my EVO 8, when my ex backed her Accord out of the garage and scraped my back bumper in the same spot. After and hour or 2 of buffing you couldn't even tell where the scratches were.
Then you can just take the money from his insurance.
Then you can just take the money from his insurance.
Last edited by caymandive; Jan 31, 2008 at 07:05 AM.
This is very common with hail damage claims. The insurance company will write a check for the amount it would take to fix the damage, then the owner can decide later if he wants to get it fixed. Of course, the insurance company would require proof that the damage was repaired before it would cover another claim on similar damage.
Anyway, my suggestion to the OP is to get a quote for the repair, and let the other driver know how much it is going to be. If the other driver is willing to pay for it himself, it might be worth your while to avoid the insurance claim. If it was on private property, like it sounds it was, then there probably wasn't an official police report either, so avoiding insurance might keep your car's CARFAX record clean.
This may not be any better than any of the other suggestions, but it's still something to consider...
if you do profit then you just commited insurance FRAUD its that simple.
different example, suppose you lost a diamond wedding ring, you collected 10,000 from the insurance company for a replacement. you go buy a new one and a week later you find the old one. what should you do?
answer: call the insurance company and report it to the claims office, you would either have to return the ring or give the new ring to the insurance company.
however i know what most would do because thats how most people are.
different example, suppose you lost a diamond wedding ring, you collected 10,000 from the insurance company for a replacement. you go buy a new one and a week later you find the old one. what should you do?
answer: call the insurance company and report it to the claims office, you would either have to return the ring or give the new ring to the insurance company.
however i know what most would do because thats how most people are.
If there is a lein holder, then that would be another story. There would definitely be a legal agreement with the lein holder that would make it mandatory to repair the car.
Hard to really tell from the picture, but that looks to be just superficial scratches on your bumper cover. I bet if you took some solvent like gas on a cloth and rubbed it down real good you could get his paint off your bumper and clean that up real good. Once it's cleaned up and as long as the scratches aren't too deep and wide then you could buff it out with scratch-x. I've done this in the past on my EVO 8, when my ex backed her Accord out of the garage and scraped my back bumper in the same spot. After and hour or 2 of buffing you couldn't even tell where the scratches were.
Then you can just take the money from his insurance.
Then you can just take the money from his insurance.

He'll have to lay out the deductible during subrogation, but when the other company pays the claim his insurance company will reimburse him for it.
I went through this process about 10 years ago when a teenage girl rear-ended my bumper while I was stopped paying a toll. My insurance company had an inspector out within two days, and I booked it into the shop immediately afterwards. I had a check for the repair amount, less my deductible, from my insurance company before the car was ready. I put the balance (my deductible) on my credit card, and by the time the bill was due the claim had gone through subrogation, and my insurance company had written me a check returning my deductible.
I went through this process about 10 years ago when a teenage girl rear-ended my bumper while I was stopped paying a toll. My insurance company had an inspector out within two days, and I booked it into the shop immediately afterwards. I had a check for the repair amount, less my deductible, from my insurance company before the car was ready. I put the balance (my deductible) on my credit card, and by the time the bill was due the claim had gone through subrogation, and my insurance company had written me a check returning my deductible.
Last edited by Bichon; Jan 31, 2008 at 02:28 PM.
I don't know what the insurance laws are in your state, but here in Texas there aren't any laws that dictate how to use money from an insurance claim. If my house burns down, I don't have to use the insurance money to build the exact same house again. The same is true with car insurance. If my car is crashed or stolen, It would be up to me if, when, or how I want to use the money.
If there is a lein holder, then that would be another story. There would definitely be a legal agreement with the lein holder that would make it mandatory to repair the car.
If there is a lein holder, then that would be another story. There would definitely be a legal agreement with the lein holder that would make it mandatory to repair the car.
the car is a little different, in the case of hail you can get the cash for the car but if it's repariable without exceeding 75% of its replacement value you will not get a check. you will get a check in the amount of the repair minus the deductible and the check will be endorsed to you and the body shop. this way you cannot just take the money. the body shop has to also sign the check before it can be cashed. the only time you get a check for the whole thing is if it was a total loss. in this case the insurance company takes ownership (buys your car from you) at fair market value this way it gets sold to a junkyard and is given a salvage title. this way you cannot claim the same damage more than once.
also in the case of hail, suppose you had minor hail dammage in which case they may very well issue a check to you only, however if you file another hail claim without evidence that the first claim was paid they would deny the second claim. thats why every claim gets entered into CLUE Comprehensive Underwriting Loss and Exchange report and is stored with a company called choice point which is a national database of claims reported for every policy holder who files any claim.
the reason is because had you filed the second claim and got it repaired the second time you just committed insurance fraud because the first claim was pure profit from the insurance company and the second claim was a lie that all of the dammage was caused from the second claim.
in the case of the leinholder nothing changes since you do not own the car the only thing that changes is that the check is sent to the lein holder and not you.
so im sorry but you see this is why you have to have an insurance license because if you didnt need a license to sell or advise people about how insurance works you would be giving out incorrect in in some cases bad information as you have done here.
are you trying to tell me you know more about insurance than a licensed insurance agent? do you seriously think you have the credentials to back up your position?
surely you jest... i do this for a living! i am pretty sure i know what i am talking about and i am just as sure that you are incorrect in your analogy.
it's a little like trying to give a laywer legal advice or an accountant tax advice or a doctor medical advice.
trust me when i tell you the laws on this subject are no different in texas than anywhere else. the only laws that are different from state to state have nothing do to with claims because if your insured in colorado and have a claim in texas they are taken care the same way in every state and with every company so that no one bennifits from having an option as to how they want to file a claim. it keeps everyone honest.
He'll have to lay out the deductible during subrogation, but when the other company pays the claim his insurance company will reimburse him for it.
I went through this process about 10 years ago when a teenage girl rear-ended my bumper while I was stopped paying a toll. My insurance company had an inspector out within two days, and I booked it into the shop immediately afterwards. I had a check for the repair amount, less my deductible, from my insurance company before the car was ready. I put the balance (my deductible) on my credit card, and by the time the bill was due the claim had gone through subrogation, and my insurance company had written me a check returning my deductible.
I went through this process about 10 years ago when a teenage girl rear-ended my bumper while I was stopped paying a toll. My insurance company had an inspector out within two days, and I booked it into the shop immediately afterwards. I had a check for the repair amount, less my deductible, from my insurance company before the car was ready. I put the balance (my deductible) on my credit card, and by the time the bill was due the claim had gone through subrogation, and my insurance company had written me a check returning my deductible.
i am sure you would agree that insurance companies are pretty good at taking premium payments but getting one to pay money out usually takes a lot more time and a little more red tape.
i just had a guy have an accident recently that was not his fault, the other company paid most of the claim but refuded to pay the broken windshield because they say it didn't crack as a result of the accident. because of the fact we didnt pay and then subrogate he ended up paying 1/2 the cost of the windshield and they paid the other 1/2 had we subrogated im sure he would have paid the whole thing.
in my experience when 1 company fights with another they usually settle differently then when their insurred is in the middle, its no big deal to have a bad image in the eyes of your competition but doing it to an insured is another matter. subrogation often in these cases puts your deductible in the middle.
Bass Mech,
I don't care what you do for a living. If you are going to try and tell me that it's fraud to "make a profit" off of insurance, then you've lost credibility in my eyes. There's also quite a HUGE difference between insurance sales, and insurance law. I've never considered salesman to be experts on anything. I just spent an hour on the phone with a health insurance salesman yesterday, and I couldn't believe how little he knew.
When I die, my wife will make a profit off of it.
When my $2K stereo was stolen years ago, they gave me a check, and I decided not to replace the stereo. There is nothing fraudulent about this in Texas.
When my boat was stolen a couple years ago, they gave me a check for the "agreed value" of the boat, which was about $800 more than what I paid for it, so I made a profit. I eventually bought another boat, but there was no legal requirement for me to do so.
When I totalled my 9 month old '90 Civic Si with 16K miles on it, State Farm gave me almost what I paid for it (including TT&L + interest). I made out like a bandit on it, but it wasn't fraud.
My wife had a baby last year, so we made a huge profit off of her medical insurance. Was that fraud?
I've got to say that you must really suck as an insurance salesman if you are telling people that it's fraud to benefit financially from insurance. If it weren't possible to benefit financially from insurance, it would be stupid to buy it! I agree that there are lots of fraudulent things that happen with insurance, but nothing in this thread falls anywhere close to it. Whether Premier repairs the damage, or not, he has suffered a true loss, and deserves to be compensated. If there is a lein holder, then he would have to repair the damage. If there isn't, then the insurance company would have no right to tell Premier what he has to do with the financial compensation that he deserves.
I don't care what you do for a living. If you are going to try and tell me that it's fraud to "make a profit" off of insurance, then you've lost credibility in my eyes. There's also quite a HUGE difference between insurance sales, and insurance law. I've never considered salesman to be experts on anything. I just spent an hour on the phone with a health insurance salesman yesterday, and I couldn't believe how little he knew.
When I die, my wife will make a profit off of it.
When my $2K stereo was stolen years ago, they gave me a check, and I decided not to replace the stereo. There is nothing fraudulent about this in Texas.
When my boat was stolen a couple years ago, they gave me a check for the "agreed value" of the boat, which was about $800 more than what I paid for it, so I made a profit. I eventually bought another boat, but there was no legal requirement for me to do so.
When I totalled my 9 month old '90 Civic Si with 16K miles on it, State Farm gave me almost what I paid for it (including TT&L + interest). I made out like a bandit on it, but it wasn't fraud.
My wife had a baby last year, so we made a huge profit off of her medical insurance. Was that fraud?
I've got to say that you must really suck as an insurance salesman if you are telling people that it's fraud to benefit financially from insurance. If it weren't possible to benefit financially from insurance, it would be stupid to buy it! I agree that there are lots of fraudulent things that happen with insurance, but nothing in this thread falls anywhere close to it. Whether Premier repairs the damage, or not, he has suffered a true loss, and deserves to be compensated. If there is a lein holder, then he would have to repair the damage. If there isn't, then the insurance company would have no right to tell Premier what he has to do with the financial compensation that he deserves.








