Who is responsible for paying my property damage claim?

 

A:

First, let's assume both you and the other driver have insurance coverage and that the liability for the accident is clear.  It will ultimately be the other person's insurance company that is responsible for fixing or replacing your vehicle.

However, if your have full coverage on your own vehicle, you may find it to your advantage to work with your own insurance company, rather than coordinating repair or replacement with the other person's insurance company.  This may be apply to you because:

- You are not happy with the dollar offer from the other insurance company.

- You are not happy with the overall manner in which the other insurance company is handling your property damage claim.

- The insurance company for the other party has called you and said they are "attempting to sort out    liability" for the accident.  This statement could mean:

       a) they have yet to talk with their insured
       b) their insured's version of the accident doesn't match your version

Either way, this doesn't bode well for you.  You won't be getting an offer any time soon, and you won't be extended a rental car by that insurance company.

For all these reasons, you may choose to call your own insurance company to investigate the property damage.  Ultimately, your company will make use of their subrogation rights and turn to the other company for reimbursement.  It won't be your insurer that foots the bill, but you might get better, faster service from them.

Disclaimer

WHAT'S MY CASE WORTH?