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Bockelrider

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Location
Amherst, Ohio
Last summer an old guy (my age) did not see me at an intersection. He got the ticket and was covered by State Farm. I have Progressive.

Progressive was out a few days after the accident and the guy was great. Totaled the bike and cut me a check for my 05 and all the gear I was wearing.

Very fair on the value of the bike and extras I had added. The Progressive folks helped with Med pay for the med bills which really helped.

After all the bills were in (six months) State Farm stepped up and covered everything and paid a huge chunk for pain and suffering.

There was no drama and no yelling, Both companies did their jobs very well.

We all shell out the bucks every year to be covered. In my book what happens after the crash is more important that the premium.

 
Why are people going to their own insurance company if a wreck is another person's fault and the other person is insured? That's why the other driver is supposed to have insurance.

 
Why are people going to their own insurance company if a wreck is another person's fault and the other person is insured? That's why the other driver is supposed to have insurance.
I've always dealt direct with my own insurance co., they have your back especially if it's not your fault, let them do the running round and chase the other guys insurer. That shouldn't be up to you.

 
Why are people going to their own insurance company if a wreck is another person's fault and the other person is insured? That's why the other driver is supposed to have insurance.
I've always dealt direct with my own insurance co., they have your back especially if it's not your fault, let them do the running round and chase the other guys insurer. That shouldn't be up to you.
It is exactly why we pay them the big bucks. The lawyers get together and sort it out.

 
Why are people going to their own insurance company if a wreck is another person's fault and the other person is insured? That's why the other driver is supposed to have insurance.

Being in the industry I can speak directly to this frequently confusing question. Often there are multiple coverages that apply and sometimes it's best to use the other person's insurance and sometimes best to use your own, or possibly a combination of both, just as the original poster, Bocklerider, did. First, let me outline the various coverages for those that might not be as familiar with them -

Coverages that might apply under your own policy -

Collision - This coverage is designed to make you whole after you sustain damage to your covered vehicle - less any applicable deductible you may have. I would note that while most of us have Collision coverage on our own vehicle, it is not required by law. Usually, it is required by one's lienholder if you finance the vehicle.

Med Pay - payments for your out of pocket medical expenses that you incur due to the accident. Often, the amount is capped, depending on the amount of coverage you purchased. This is not a mandatory coverage, so your policy may or may not offer this coverage.

Uninsured / Underinsured motorist coverage - this one becomes a little more complex and is designed to cover you for bodily injury you sustain as a result of the other driver's fault and often only kicks in after their bodily injury coverage is exhausted. Again, this is not a mandatory coverage and your policy may or may not provide for this coverage. If it does you will likely need an attorney to pursue your own insurance carrier for your recovery.

Personal Injury Protection - this one is very much akin to Med Pay, and is a required coverage in states that are considered "No-fault" states. If you live in a no-fault state, your policy will be required to provide this coverage, up to a capped amount that you select and it will pay for your out of pocket medical expenses regardless of who is at fault in the accident.

This is not an exhaustive list of coverages you might have on your policy, but they are the main ones. Other coverages your policy might provide for include towing coverage, safety apparel, loss of use, trip interruption etc... just depends on what you purchase. That's why there is no "Full Coverage" in the true sense of the word.

The following coverages are the ones that we are all usually required by law to carry to cover our own negligence. Meaning that, these coverages are not in place for us to recover from our own policy, but to protect us when we are liable (at fault) for an accident. If you are not at fault for the accident and you submit a claim to the at fault driver's insurance carrier, these are the applicable coverages -

Property Damage - this is coverage that will pay for the damage to your vehicle and other damaged property, IF the other person is deemed to be at fault. There is no applicable deductible. You may or may not agree with their insurance company's valuation of your property and the subsequent offer made by the other person's insurance carrier. In this case, you can turn to your own Collision coverage (explained further below).

Bodily Injury - this coverage applies to any bodily injury you sustain due to the fault of the other driver. The other driver may have the minimal amount of coverage required by law and your injuries, especially if on a motorcycle, could easily exceed the amount of coverage the other driver carries. That's why it is very important to consider purchasing Uninsured / Underinsured Motorist (UM/UIM) coverage through your own carrier. Bodily injury and UM/UIM damages can be very subjective and often require the services of an attorney to sort out the details and ensure your rightful recovery. Remember, these coverages only apply if you are not at fault for the accident!

These are the only two coverages that might apply to you from the other person's policy.

So now, to the question, why would you use your own insurance when the other driver is supposed to have insurance?

It may be that you don't agree with the valuation/offer made by the at fault driver's insurance company for your property damage. Whether you do or don't agree with their valuation, it doesn't hurt to have your own insurance company estimate the damages and make you an offer under your own policy. The only caveat is that your deductible will apply if you choose to accept your carrier's offer. However, your carrier will pursue the at fault driver's carrier for reimbursement of what they paid out to you and in many states are required to pursue your deductible amount as well.

As to out of pocket medical payments for your injuries, you should most definitely submit a claim under your own policy for Med Pay (if you purchased that coverage) and/or Personal Injury Protection (PIP). If you are in a no fault state, you definitely have that coverage on your policy since it's required by law, so you should take advantage of that coverage.

As for reimbursement for bodily injury, the value of your claim can get very subjective and will possibly require assistance from a personal injury attorney. If there is any question as to who was at fault for the accident I suggest that you consult an attorney. Generally speaking, an attorney will only charge you a percentage of the recovery. Far be it from me to support personal injury attorneys, but there is the occasional use for them, beyond just filing empty oceans.
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I hope this little recap helps those of you that might have the misfortune of finding yourself having to utilize your insurance coverage or file a claim with the other driver's insurance carrier. It's one of those things in life that it sucks to have to pay for but you damn sure don't want to be without it when you need it.

Safe travels...
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Maybe I've been doing it wrong all along. Thankfully, the few fender benders I've been in have not resulted in injury. Last time someone else paid for our vehicle was when a guy rearended the van behind me, which hit me and pushed me into the Mustang in front of us. That kids insurance company did us right, and I never had a claim against my own insurance.

Most claims against our insurance have been from hit and run incidents in parking lots. No idea who hit us, so our insurance covers it with our deductible. In NM, paying for uninsured motorist coverage on one vehicle extends the coverage to all vehicles, including MCs, so we only pay that one time.

Thanks for the involved answer Bandit!!

 
I've had good claim response from both Progressive and Stare Farm too. I would still have one of them were it not for the fact that neither will cover me for some risks that I need. My needs are complicated due to the diversity of activities.

The idea of going to your own company first is pretty normal. You cover your deductible and they cover the rest. Then they threaten suit against the other company, and usually settle things in your favor. I think the process is called subrogation. You get your deductible back as part of the settlement.

 
Thanks AJ - I almost deleted / abandoned my post as I was writing it because it was becoming so long. But it was necessary in order to delve into the topic properly. The point I really wanted to stress is that in the case when you are not at fault for the accident, it generally makes sense to have both your insurance company and the other driver's insurance company assess the damages. These claims are submitted under your Collision coverage and the other driver's Property Damage coverage, as outlined in my original post.

For example, I was involved in an accident where the other driver was clearly at fault. His insurance company (Nationwide) accepted liability for the accident. My car was deemed a total loss and the offer they made me I thought was very much in line with the actual value of my car, if not a little higher. However, I had my own carrier (State Farm) prepare an estimate and ended up collecting almost $2,000 more than Nationwide was offering. In addition, since I had used my own insurance company, Nationwide sent me a check reimbursing my deductible. I came out way ahead of what I would have had I just accepted the original offer from Nationwide, even though I knew that number was fair.

Further, El Toro is correct in that the process the insurance companies use between themselves to recover monies paid out to their insureds is called subrogation. In fact, most all insurance companies have a dedicated subrogation department. They pursue the other party, or their insurance carrier, for reimbursement through the subrogation process. Usually the company who insures the driver who was clearly at fault simply reimburses the company that paid the claim. When they disagree over the value of claim or even the percentage of fault assessed to their insured they submit the dispute to an intercompany arbitration company (not run by the courts), which allows them to avoid costly litigation.

Enough of the sausage making so I'll stop with that now. Just remember, it's best to have options and if you aren't at fault for the accident, seek an estimate from both companies. It doesn't cost you anything except a little extra time and you might just be glad that you did.

 
I will add that Progressive has gone above and beyond my expectations in the two instances I needed them.

Pop has Progressive and they made a settlement that was more than the number I had intended to request. They covered the gear and did us right on that too. They even told us to NOT cancel the policy on the old bike because if we got a new bike we could just upgrade the existing policy which would keep our premiums lower.

Also to 'Zilla's question, I had a situation where the other driver was at fault but my truck was not drivable. The other insurance company needed a copy of the accident report, they needed time to process, they wanted to negotiate, blah blah blah. Meanwhile, I needed that truck. My FJR will carry me anywhere but it will not pull a Gooseneck trailer, haul lumber, etc.

I called Progressive to ask for advice. They handled everything including a rental truck (no Gooseneck hitch). I paid the deductible. After the subrogation process my rates did not increase and about 5 months later Progressive mailed me a check repaying my deductible.

 
I'm at 45 days waiting on someone else's insurance company to do anything in response to their insured striking a vehicle I own (I wasn't in it). I get not waiting. ETA- timely information above about Progressive and subrogation. In my current case (involving son), the responsible (or irresponsible, as it was) drivers insurance ran out of smoke screens. They know their driver was at fault. My driver was not at fault. Police report clearly and correctly attributed responsibility. And they said suck it. Your driver should have magicianed his way out of our batshit driver's way. Paying for their driver's repairs, not a penny for the car he struck. Their company name rhymes with nationside. So subrogation it is. For an iffy or unclear accident, I get it. But why make it hard on a cut and dry accident?

 
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