Visitor Question

Which Insurance Company Should I File a Claim Against?

Submitted By: Anonymous (USA)

I was in an accident where the other driver was at fault and admitted it. He had auto insurance for himself but the vehicle was not registered on his insurance. The owner of the vehicle does not have auto insurance.

So will the driver’s insurance still be liable as a secondary insurance? Which insurance company should I file the claim against? Thanks.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Anonymous,

You should report the collision to the driver’s insurance company. In almost all cases the insurance follows the driver, and not the car. If he indeed admitted fault there should not be a problem collecting compensation from his insurance company.

We urge you to call the toll free number which should be located on the driver’s insurance card. Report the collision. By now the driver should have already contacted his insurance company to report the collision. Hopefully when he did he admitted to the insurance company’s representative, or its “Claims Adjuster,” his liability.

If he filed a claim there will be a Claim Number. When you do call his insurance company they will direct you to the Claims Adjuster already assigned to investigate the case. Be sure to ask the Adjuster for the Claim Number. The number will be your reference for this collision throughout the investigation.

You did not indicate if you suffered any injuries. If you were injured be sure to advise the Adjuster so she can pay for your medical treatment and therapy, if any.

We also urge you to report the collision to your own insurance company. You want to do so because if the driver does not have sufficient insurance to cover your vehicle’s repairs and any medical treatment or therapy you may need, they will in all probability pay the difference, especially if you have Uninsured Motorist coverage.

As long as the driver admitted liability and his insurance company has agreed to pay, reporting the collision to your own insurance company will not be a “black mark” on your record.

If your insurance company has to make up the difference because the driver did not have sufficient insurance to pay for all of your damages they will “subrogate” meaning they will seek reimbursement from the driver himself.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: August 8, 2011

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