Visitor Question

Side Impact Car Accident…

Submitted By: Anonymous (USA)

I was in a car accident and was hit from the side where my back tires and bumper is. The lights were both green going in opposite directions on the road. The other driver was making a left turn but he did not yield to me, which means he did not let me pass first. There was a witness too. My car is not drivable. I need it fix right away.

Will his insurance pay for it? What should I do?

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,

At the time of the collision you should have exchanged insurance information with the driver of the other vehicle. From the facts you present we cannot tell if the police responded and the other driver was issued a citation. If a citation was issued to the other driver it would in all probability have been for “Following Too Closely.”

You need to have your car repaired quickly. You should immediately call the 800 number listed with the at-fault driver’s insurance information. Report the collision and explain exactly what happened. You will be speaking with a Claims Adjuster. Those are the people employed by insurance companies to investigate and pay claims for their insured.

The Claims Adjuster will investigate the facts promptly, and once she learns her insured turned in front of you there is a very good probability she will accept liability on behalf of her insured.

When speaking with the Claims Adjuster she will ask you for a statement and will ask you if it would be alright for her to record the telephone call. Doing so is standard procedure.

During your first discussion with the Adjuster you should advise her your car is not drivable. Tell her you will have to have it repaired and you want her to pay for the repairs. Most importantly tell her you need her to authorize a rental car for you immediately. You have a right to one if your car is not drivable.

The Claims Adjuster may tell you she needs a few days to investigate the claim. That’s also normal. You may have to rent a car using your credit card for a few days until the Claims Adjuster realizes her insured is liable for the damages.

If you do not have the means to rent a vehicle you may have to find another way to get to work for a few days. Don’t hesitate to call the Claims Adjuster every day until she authorizes the repairs and the rental car. Remember you did not cause all of this, her insured did.

At the time of the collision you should have also notified your insurance company of the collision. Doing so is standard procedure. It will not be held against you. Your insurance company needs to have the information so they can help you if their assistance becomes necessary.

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: July 29, 2011

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