Earlier today I got hit pretty hard by a teenager in a big truck.
He backed into me doing about 25 mph ! He basically didn’t see me and floored it hitting my front fender hard enough to bend the frame ( I think )…so the car might be totalled.
Now this happened in New York which is a No Fault State . Also, this being a 95 model I changed the policy from Full Coverage to just the state required Liability/Property Damage coverage and took off the Comp/collision since the book value on the car with high miles is pretty low.
I have never been in a car accident so I have no idea of the protocol. Do I still notify Allstate my carrier ? or do I get to go after the kids insurance company ?
A police officer was called to the scene, so there is an accident report.
You’ll have to work through the kid’s insurance company since you don’t have comp or collision, but it should pay for your damage assuming it was his fault. Many states have a settlement provision that provides for varying percentages of fault (comparative negligence)…i.e. he is 90% at fault and you are 10%. If it is determined you are 10%, then you only get 90% of your damage paid for. Depending on witnesses/police report, it may be cut and dry and his insurance will pay for everything. Your insurance company probably won’t do squat for you because you have no coverage, although if you have a good agent, he/she can work with the other company and can help since they probably know the system and the jargon. I’d start by contacting your agent and taking the vehicle to YOUR SHOP for an estimate. I’m not licensed in NY so don’t really want to comment much more. PM me with further questions.
Yep, call your insurance and give them the info. They should take it from there. FYI though, his insurance may try to call and get your side of the story if this kid screws around. They are basically trying to make you admit some liability. Don’t fall for it. This doesn’t happen a ton, but it does happen.
call your insurance company first to file a claim with them.
As far as the no fault i just looked it up in my insurance book. i just got done taking the class but no-fault kinda varies a bit.
As far as your medical expenses, your insurance company pays up to the limit set by the state they they would sue the third party for the additional expenses.
For your property damage the insurance company can still get the money back for you for that. No-fault only applies to medical, loss of earnings etc.
So you should be fine, remember the insurance company is paid to fight for you so you don’t have to sue the teen by yourself, let them go through the hassle.
Typically, your own med insurance picks up after auto med limits are exhausted, at least in my state (not NY). Property damage doesn’t come into play assuming he is found 0% at fault as it is a liability coverage. The kid’s property damage liability will pay for his damage assuming he has enough. He may not depending on state minimums. My state minimum is 5000 which doesn’t pay for much damage… which, is why when you become an insurance agent one of the first things you learn is to NOT tell someone they should be fine. If the kid doesn’t have enough PD liability and you have no comp/collision then you have to sue or file in small claims court against the kid for money out of pocket. Ever try to get blood from a stone? I’ve had many instances where clients were 0% at fault and they had to spend $ out of their own pocket.
Also, if you don’t have the coverage (in this case comp/collision) you are not paying the insurance company for anything. If your agent values your business and the commission he makes off your policy, he/she will help you, but don’t expect squat from the company.
off topic here…If i didn’t have comp/collision on the car and i called my insurance company up and they said they wouldn’t go after the other company or help for the money eventhough it wasn’t my fault you can bet i would be looking for a new insurance company.
I completely understand your position and see it on a daily basis… however, no offense but…good luck with that.
Now your agent, that would be a different story.
If there is no coverage on your policy, your company is not going to help you other than to give you a denial of coverage and some general advice MAYBE. Your agent could hold your hand through the process and give you advice but ultimately, you are going to be the one to deal with and, if need by, battle the other company. Insurance companies are a business, they don’t work for free. And, most times, are too short-sighted to see that if they don’t help you with a claim for which you don’t have coverage, they may lose your business altogether. Frankly, it is a highly competiitive business. A company doesn’t care if they lose you because they write 3 more customers because of their low rates. Unfortunately consumers have been taught to shop for the lowest rates they can find, rather than the ‘get what you pay for’ philosophy. Bottom line is if you find a good agent, they are worth paying more for.
the company i am with did it for me on my POS celica i had for awhile. A kid turned in front of me and i hit him. It didn’t really do much damage but it was still enough and we only had liability on it.
Long story short i didn’t get any money because there was no police report filed and the only person who saw it was one of my friends. no big deal. Now that could be because we had other policies with them that did have full coverage but either way we are still with them. The only thing i don’t have with them is my motorcycle becaues they don’t write it.
Not trying to fight you on this… Examples such as yours are hard to comment on due to not knowing all the facts or applying appropriate state laws. However,
‘i didn’t get any money’
What did they actually do for you?
Anyway, FWIW, I appreciate your loyalty to your company.
Let me get this straight…you rear-ended the guy going 25mph?
Double check the police report!!! This is the key. Was the other guy given a ticket? If not, you very well may be getting stuck with the bill if he changes his story…
Pony up the $2 or whatever and get the Police report ASAP. If there is no ticket, call the officer and ask “why not?”
After that, let the insurance company deal with it, but make sure you ask them what effect it has on your policy. If you’re remotely injured, bring it up ASAP, this is what the insurance companies are most concerned about…
Buy a weekend paper and start checking the MARKET (not blue book) price for your car. If your car is totalled, you’re basically selling it to the insurance company and need to prove what it’s worth. If you’ve bought new tires or major parts in the last 90 days, start looking for the receipts.
If you still need help sorting it out, PM me and I should be able to help when I get to the office on Monday. I still owe you for the good vibes at Lake George. Sucks to be in an accident.
Thanks for the quick responses ! I meant to post this in the LR room .
CHris G ! Hey bro you taking care of those Zipps : ) Looks like I’ll be back at IMLP so we’ll have to do some rides.
Thanks for the offer, I’ll let you know if it gets sticky.
Enjoy the winter.
Thats great that you are doing LP. Good thing that I have all winter to learn how to glue tires on, the first attempt was less than perfect. I will definetly be up for some long rides once it gets warmer. Have a nice holiday season!
