First-Time Auto Claim – Seeking Advice on At-Fault Driver’s Insurance
I’m new to filing auto claims and would really appreciate any advice to ensure I’m treated fairly in this situation.
Background: I had a car accident in Maryland where the other driver was deemed at fault by the police, and this is documented in the accident report. The other driver even admitted fault in the report.
When I filed my claim, I contacted my insurance company to indicate that I wanted to pursue the claim against the other driver’s policy. However, there seems to have been a misunderstanding, and my insurer processed it under my own policy instead. They have classified my car as a total loss and offered a settlement (minus my deductible), but I haven’t accepted it since my intention was to have the other driver’s insurance cover everything, including the deductible.
Currently, the at-fault driver’s insurance is still investigating the claim, but my claim with my own insurer is set to remain open for about three more weeks. They have provided me with a rental car, but that coverage is about to run out, and I’m worried about being without transportation while this gets sorted out.
My main concerns are:
- Should I wait for the at-fault driver’s insurance to complete their investigation?
- If their investigation exceeds my claim deadline, will I have to settle through my own insurance, and what options would I have in that situation?
I would appreciate any insights on how to navigate this process. Thanks in advance!
I completely understand your concerns, especially since this is your first time navigating an auto claim. Here are some steps and advice on how to proceed:
Communicate with Your Insurer: Since you originally intended to file against the at-fault driver’s insurance, it’s important to clarify your intentions with your insurance company. Let them know that you never intended to file under your own policy and emphasize that the other driver was found at fault. Ask them how you can expedite the transfer of the claim to the at-fault driver’s insurance.
Stay in Touch with the At-Fault Driver’s Insurance: Since they are still investigating, keep following up with them regularly to check on the status. Document all interactions, including dates, times, and the names of the representatives you speak with. This will provide you with a record if you need to escalate the situation.
Consider Your Options with the Rental Car: If the rental car coverage from your insurer is about to expire, discuss your situation with them. They may be able to extend the rental while you await the outcome of the at-fault driver’s insurance investigation. If not, inquire about alternative transportation options available to you.
Understand Your Rights: In Maryland, the at-fault driver’s insurance should cover your damages, including the deductible. If their insurance doesn’t resolve the claim in a timely manner, you can work with your own insurance to seek reimbursement once the at-fault insurer makes a determination.
Possible Outcomes: If the at-fault driver’s insurance investigation goes beyond your claim deadline and you are forced to accept your insurer’s settlement, you still have the right to seek restitution for your deductible from the other driver’s insurance later. This may involve submitting documentation proving the fault and the related expenses.
Consider Consulting an Attorney: If the process becomes overwhelming or if you encounter any resistance from either insurance company, it might be worth consulting with an attorney who specializes in auto claims. They can provide additional guidance and help ensure your rights are protected.
Be Patient but Proactive: While it’s important to advocate for yourself, be mindful that these processes can take time. However, staying proactive can help expedite your resolution.
Ultimately, keep all lines of communication open and document everything as you go—this will empower you in dealing with the situation, whether it’s with the at-fault driver’s insurance or your own. Good luck, and I hope you get your issue resolved soon!