Just been in an accident... What happens now?

[blahblah99]

I was driving to get lunch and came to a yellow light and stopped. I didn't want to risk running it because of cameras that the city put up just recently. The guy behind me apparently thought I was going to go for it, so he didn't bother to brake and rammed into my car. His car has no damage cause he was driving a big ole van, but mine is all screwed up. Bumper, lights, rear side fender, and rear frame, and maybe rear suspension. I'm pretty sure its 100% his fault, but just in case, I'm going to detail the accident with my insurance agent. (wished I had my digital camera with me)

My car is a beautiful silver moss 1997 240SX in perfect condition before this accident... now it's all screwed up in the back. My question is what happens now after I talk to my insurance agent? Can I bring the car to a body shop of my choice?

PICTURES:
Picture 1 Right side of the bumper... not too much damage here except bumper is crooked.
Picture 2 Rear view of the car.. you can see the damage now.
Picture 3 Closeup of the damage. It looks UGLY.
Picture 4 Side view closeup of damage.
Picture 5 Rear side fender damage
Picture 6 Driver's side rear fender well... as you can see there is obviously some frame damage as it is no longer uniform.

 

[minendo]

Did you file a police report?

 

[DevilsAdvocate]

Did the other driver have insurance?

 

[Angrymarshmello]

If you haven't already call the insurance now and let him know everything that happened. Usually you have your choice of body shops (depending on insurance) - I'd take it to the dealer. (My family has had nothing but bad luck with non-dealer body shops)

 

[conjur]

Originally posted by: minendo
Did you file a police report?

If the cops didn't show up and you left you better hope you got the proper information from him (and copied down his license plate and VIN).

 

[blahblah99]

Nope, I just called my insurance office and they said to just write down his info and call them back. He was probably skidding around 20-30mph when he rear ended me. I got ALL his info, including insurance company, policy #, license #, plate #, vin #, address, and name.

I was pretty upset, not to mention the inconvienence of going through all this hassle.

 

[Riba]

Dude thats like winning the lottery, Im sure you have neck pain and back pain, get a friend to hit you with a bat to your back!

 

[TwinkleToes77]

you didnt file a police report did you???? Always file a report!

 

[DevilsAdvocate]

Originally posted by: blahblah99
I was driving to get lunch and came to a yellow light and stopped. I didn't want to risk running it because of cameras that the city put up just recently. The guy behind me apparently thought I was going to go for it, so he didn't bother to brake and rammed into my car. His car has no damage cause he was driving a big ole van, but mine is all screwed up. Bumper, lights, rear side fender, and rear frame, and maybe rear suspension. I'm pretty sure its 100% his fault, but just in case, I'm going to detail the accident with my insurance agent. (wished I had my digital camera with me) My car is a beautiful silver moss 1997 240SX in perfect condition before this accident... now it's all screwed up in the back. My question is what happens now after I talk to my insurance agent? Can I bring the car to a body shop of my choice?

Your question deals with California law. I know that Texas state law allows you to choose your body shop, but the law in CA may (and often does) vary.

 

[Ranger X]

Nice car. Well take care of it through your insurance company.

 

[conjur]

20-30mph and rear-ended you? Definitely call HIS insurance company. I wouldn't have called my own. Just calling them puts you at risk for a rate increase. Deal with his insurance solely!

And, don't be surprised if you have back/neck pain show up in 2-3 days. May need to seek out a chiropractor or physical therapist, seriously.

 

[TechnoKid]

Did you file an ATOT consultation and accident report?

 

[TwinkleToes77]

Not sure about the no-fault laws in your state but unless you want to pay your deductible you should call his insurance company first and let them figure it out. if you call your insurance company they are going to make you dish out your deductible (standard is $500)

 

[DevilsAdvocate]

Originally posted by: Riba
Dude thats like winning the lottery, Im sure you have neck pain and back pain, get a friend to hit you with a bat to your back!

Lawsuits are not like winning the lottery, contrary to popular belief. Many times your recovery is limited to how much insurance the other driver was carrying. Not only that, allowing yourself to be bludgeoned repeated with a blunt object will likely not help your case.

Don't believe the hype.

 

[Riba]

I got 10k CDN last time someone hit my POS car.

 

[DevilsAdvocate]

Originally posted by: conjur
20-30mph and rear-ended you? Definitely call HIS insurance company. I wouldn't have called my own. Just calling them puts you at risk for a rate increase. Deal with his insurance solely! And, don't be surprised if you have back/neck pain show up in 2-3 days. May need to seek out a chiropractor or physical therapist, seriously.

I always try that route first. Otherwise you will be out of pocket a few hundred for your deductible. You may have no choice but to file with your own insurance carrier later.

 

[DevilsAdvocate]

Originally posted by: Riba
I got 10k CDN last time someone hit my POS car.

It depends on where you live. Some places are a little better to others. Did you have any bodily injuries? Are juries liberal in the People's Republic of Canada?

 

[Riba]

I had to have surgery in my back, it did not go to trial, his insurance company gave me that + paid for all medical fees.

 

[Bryophyte]

Ok, I was in an accident in California about a year and a half ago. I, too, was hit, fault was completely with the other driver (she got into some trouble with the police. You need to file a report with the DMV right away. I remember that we only needed to submit one estimate of our choice of repair shops (we got an estimate from a dealer, bound to be highest because they'll use factory parts.) California law is very friendly for you. It would have been in your best interest to call the cops to make out a report right at the scene, but you should still be just fine as far as establishing fault. Be very careful about your possible injuries...whiplash can set in tomorrow. It really sucks. Don't sign anything that keeps you from seeking further damage repair until you're sure your car is back to 100% (damage to the frame can cause further problems later.) Didn't happen to have any eyewitnesses did you?

 

[TwinkleToes77]

btw.. to answer your question about what happens next...


I used to work for Colonial Penn in their First reports claims department, so I have a bit of info on what happens after that.

After filing the report with just a claim representative it normally takes 24-48 hours (business days) for an adjuster to contact you and talk actual details about the accident. On some occassions (dependent upon the insurance company) the first report claim rep will set you up automatically with an appraiser who will come out to your place of work/home to look at the damages on your car and give an estimate to the adjuster. On other instances, the claim rep will also say you can go get an estimate from a body shop of your choosing or one they can recommend. If they havent done any of that then it means the adjuster (the one you are waiting to call you back) is going to set all that up when he/she talks to you. Besides that, there really isnt much else to do but wait.

 

[Bryophyte]

Oh, and you pay your insurance company big bucks, make them work for it. They'll seek repayment from the other party for all damages. There is no reason you should have to pay a deductible. There is no reason you should have to pay higher rates if you are not at fault.

 

[conjur]

Originally posted by: BigDan
Oh, and you pay your insurance company big bucks, make them work for it. They'll seek repayment from the other party for all damages. There is no reason you should have to pay a deductible. There is no reason you should have to pay higher rates if you are not at fault.

But that happens nonetheless. I read an article or heard it on the news a few months ago that even calling to question about filing a claim results in a potential ding against you and a cause to raise rates. My ex had a string of bad luck and was involved in 3 accidents within two years. None were her fault but the rates went up anyway.

 

[TwinkleToes77]

Originally posted by: conjur

Originally posted by: BigDan
Oh, and you pay your insurance company big bucks, make them work for it. They'll seek repayment from the other party for all damages. There is no reason you should have to pay a deductible. There is no reason you should have to pay higher rates if you are not at fault.

But that happens nonetheless. I read an article or heard it on the news a few months ago that even calling to question about filing a claim results in a potential ding against you and a cause to raise rates. My ex had a string of bad luck and was involved in 3 accidents within two years. None were her fault but the rates went up anyway.

In a way thats true. My mom had 3 claims in 2 years also.. one involved her vehicle being stolen the other involved her being rearended twice. None her fault.. she now pays $2000 every six months. BUT they also have a set amount of payout before they increase your rates and also they apply a certain percentage of fault on both parties. whether its 90/10 or 50/50.

 

[Vette73]

1. Always file a report! He could always say you backed into him, pulled out in front of him and slammed on teh brakes, slammed on the brakes in the middle of the road, etc... Chances he will not do this, but always have a cop come out and witness what happened afterwards.

2. Don't call your insurance, call his.

3. Have 2-3 repair shops look at the car and give estimates.

4. Find out how much value the car will lose because of th damage. I would never buy a car that had frame damage, so when it comes time to sell it you will NOT get what it would go for if it had never been in a accident. ala Carfax...

5. If you have any injuries in the next day or two, get a check up. You can go to the ER or a clinic. This way if you get worse it will be documented, and the insurance company will not call fraud if you say you don't feal right 2 weeks later. Do not make soemthing up, that is fraud. If you are hurt get cheked out, if not don't worry.

After that just wait for HIS insurance company to get back to you. If they don't get back to you after 6 working days, call them again.

 

[blahblah99]

Well thanks for the help ladies and gentlemen... This is the first time I've been in an accident involving another vehicle, so I did what I thought would be in my best interest and got all his information... had quick lunch, and went by my insurance agent's office and dropped off the info. Told the receptionist that I'll be back after work at 5pm to talk to the agent.

I just hope I don't pay any money out of my pocket for someone else's mistake. I don't know how the guy can try to make a story out of this accident. The damage to my car is great enough for anyone to know that it wasn't a 5mph backup accident. Anyhow, I'm just going to let my insurance company deal with it and hope that I can choose my repair shop. I wouldn't want any place working on this car, it will be either at a dealer, or M2 Fountain Valley Bodyworks (for those who live in orange county and know that place, they do an excellent job).

Will keep you folks updated!