File Auto Accident Claim?

[stevenr]

My wife was rear ended yesterday on her way to work in So. California. She had a little lower back soreness. As a precaution she contacted her employer, who is treating it as possible OJI.

CHP came to scene and took both party' info. Looking at their info later, it appears the woman is not listed on proof of insurance she offered, nor is the vehicle involved. The woman's brother seems to be the policyholder. That has me uneasy.

Body shop quoting $1600 for bumper replacement + car rental of $500. Should I file a claim with my insurance? They are basically saying I am on hook for deductible of $1000. I didn't think CA was a no fault state? Shouldn't the other party pay for our vehicle damage and possible injury? Thanks

 

[njhowie]

If the other party does not have insurance, it's likely they don't have the means to pay you anything.

You have uninsured motorists coverage on your insurance, or not? File a claim with your insurance, it's the only way you're going to protect your rights. You pay for insurance, let your insurance company and their attorneys deal with it.

 

[Aerides]

I would ask my insurer if by filing this claim I would incur points/increase on my insurance.

If no, because you are not at fault, file away.
If yes, maybe not.

 

[aaronc879]

I'm no expert on the issue but I would think you contact your insurance then they try to get the other persons insurance to pay. If the other person doesn't have insurance then your uninsured motorist benefit kicks in and your insurance covers the cost. If you wanted to sue the person who hit you for medical bills that is up to you. Not sure why your employer would pay if you were not working at the time but that is up to them. Take work comp if you can get it but don't expect it.

 

[Sunset]

Long time ago, my car was rear-ended, I was surprised when the bodyshop guy opened my trunk, pulled aside the carpet and showed me the trunk floor was pushed up by one of the shock absorbers that hold the bumper.

I would never have noticed. .. I think you may want the insurance to pursue, especially given the back pain.. has it been checked ?

 

[athena53]

I would never have noticed. .. I think you may want the insurance to pursue, especially given the back pain.. has it been checked ?

Yes, OP, said she was checked and the employer was treating it as an on-the-job injury since it was during her commute. I wouldn't have expected that. It's up to the insurer to pursue subrogation (going after the responsible party) and they might.

OP, I'm sorry this happened to you- I had a similar experience with someone who rear-ended me, was polite, admitted fault and gave me an insurance policy number that apparently was issued in another state and belonged to his business. No business name on his vehicle. I did get a pic of his license plate but that didn't help track him down and he ignored my e-mails. Next time I'll get more documentation- like the insurance card. The damage was noticeable but minor and the car was 8 years old so I ignored it. It died a year later anyway.

BUT- in 2021 someone with no morals and no conscience sideswiped my year-old car when parked across the street from DS and DDIL overnight. They didn't leave a note, of course. Fortunately I was able to drive it home but it was bad enough to call my insurance company- about $3,500 plus rental of a replacement car for a couple of months till they could get the parts. This was under my Collision coverage and unfortunately I got stuck with a $500 deductible. Still makes me mad when I think about it- we even went walking through the neighborhood looking for a vehicle with bright red paint transfer. Now I park in their driveway even though it blocks their cars.

As for no-fault: it covers only bodily injury even in states that have it. So yes, the other party SHOULD pay but if you can't find them or they're judgment proof your insurer has to cover if you have Collision coverage.

 

[Koolau]

A young girl hit me once and it was her Grandmother's car. It took me a month to track down what insurance company was involved. It was Allstate in another state. When I got hold of them, the guy said, "I was just about to give you a call." RIGHT!

One thing about it, I think your particular Insurance company (and, likely agent) is gonna hear about it if you have an accident. Many states automatically check your insurance status anytime there is an accident, citation, maybe even a stop.

 

[JoeWras]

When I was rear ended, I had a little soreness too.

A few days later, I had a lot of soreness. It subsided and I worked with the guy (a coworker) to handle it out of insurance.

I think I was lucky, though, since it was limited. Back problems can take a while to show up. I know this is the stereotype of an accident, but it is real. In my case, the problem was my head was turned when he hit me. This can really cause neck pain.

I'm just saying be on the look out and don't sign anything right away.

 

[Koolau]

When I was rear ended, I had a little soreness too.

A few days later, I had a lot of soreness. It subsided and I worked with the guy (a coworker) to handle it out of insurance.

I think I was lucky, though, since it was limited. Back problems can take a while to show up. I know this is the stereotype of an accident, but it is real. In my case, the problem was my head was turned when he hit me. This can really cause neck pain.

I'm just saying be on the look out and don't sign anything right away.

Yeah, and especially if you suspect an injury, I'd not be shy about informing your insurance agent. So, they charge you a bit more for 3 years. Not a big deal when it might come to a long term recovery, PT, doctors, MRI/X-rays, on and on. You don't want to come back in a couple of months and tell your agent you have back problems - and your car is messed up.

 

[MdaPetralia]

My wife was rear ended yesterday on her way to work in So. California....
CHP came to scene and took both party' info.

Was the other party deemed at fault and issued a ticketed? You will also need a copy of the police report.

 

[athena53]

When I was rear ended, I had a little soreness too.

A few days later, I had a lot of soreness. It subsided and I worked with the guy (a coworker) to handle it out of insurance.

I think I was lucky, though, since it was limited. Back problems can take a while to show up. I know this is the stereotype of an accident, but it is real.

Agreed! I worked in insurance and of course there were plenty of jokes about fake whiplash injuries. Then someone rear-ended me. We got out, saw the damage was minimal and went on. The next day my neck and back hurt. Nothing that would have needed medical attention but it was a real eye-opener to see that you can walk away feeling fine and then feel it a day later.

 

[stevenr]

Update: called my insurance who suggested (like aaronc879-thank you) to file a claim with the other party's insurance. All the policy/driver info was legit, and they had already filed a claim and admitted fault. DW already addressing back issue. Now we navigate car repair/rental etc.

 

[JoeWras]

Great news! Most of the battle is them admitting fault. When someone backed into me, same happened, they admitted fault. They could have easily lied and said I hit them.

 

[Cayman]

If it were me, I'd see a physician and get a thorough evaluation. Neck/spine injuries are nothing to mess with, and injuries can take time to surface. I hope your wife is well and this is resolved quickly for you both.