What Now?

The collision was not your fault, but now your vehicle is wrecked and in the shop, you are under the care of your doctor for your injuries, and the other guy's insurance company is calling. What now?

Document everything

Notify your own insurance company about the wreck and ask what coverages apply in case you cannot get the other guy's insurance company to pay. Write down who you talked to, what was said and when.

One coverage that is available to you is Personal Injury Protection, called PIP. This coverage on your own automobile policy will pay medical expenses and up to 80% of your lost wages, up to the limits of your PIP, usually $2500. This coverage is on your policy, unless the agent got you to sign a written waiver of coverage, a tactic sometimes used to give you a slightly better premium quote than the agent down the street. If you are told that you do not have PIP, ask your agent for a copy of the signed waiver. If he cannot produce one, you have PIP.

When the doctor asks you what happened, be sure to tell him that you were in a car wreck. A one-sentence summary of the wreck is also helpful for his understanding: "My light turned green and I got halfway into the intersection when I got broadsided."

Photograph your car, before it is repaired. If you were cut, bruised or discharged from the hospital with a neck brace, get your spouse to photograph your visible injuries. If you were injured in a construction zone or if there were skid marks, get your spouse to photograph the scene immediately, same day if possible. Skid marks fade rapidly and construction zones change without notice.

Find the title to your car. You will need to make a copy of it to provide to the other guy's insurance company before they will pay for the repairs to your vehicle.

The adjuster is not your friend

When the other guy's insurance company comes calling, the claims adjuster will want to take a recorded statement from you. Where a collision has been investigated by a police officer and there is a written report, there is no reason for the adjuster to require you to give him a recorded statement. The only possible purpose is to try to get you to reveal something that might be used to justify denying the claim. For example, you were running late for an appointment at the time of the collision. That may be interesting, but has nothing to do with the fact that you were rearended by a delivery van while waiting to make a left turn. The adjuster can learn everything he needs to know about the wreck from the accident report.

Getting a rent car

The purpose of tort law (injury to persons and property) is to return the victim to the position he would have been, had there not been an injury. So, if your car is wrecked and you have no transportation to go to the doctor or back to work, the least that the other guy's adjuster can do is to promptly agree to pay for a comparable rent car. By comparable, I mean a vehicle of the same class and size. If you drive a truck, an economy car is not comparable.

Getting your car fixed

The other guy's adjuster has looked at your vehicle and wants to send you a check. The only problem is that you might not be able to get your car repaired for that amount. Get your damage estimate from the people who will actually repair the vehicle and require the other guy's insurance to fix any "extras" that come up during the repair process, but were not on the estimate.

The release

If your car has been fixed to your satisfaction and the adjuster gives you a release to sign, use extreme caution. You do not want to accidently release your claim for personal injuries by signing an overly broad property damages release. Also, look on the back of any check that you are asked to endorse to see if there is any release language there. Consult an attorney if you have any concerns about what you see.

Catastrophic injuries

In the event of a rollover or vehicle fuel system fire where your injuries were caused by or enhanced by a failure of the vehicle to perform as expected, do not sell the car to the insurance company. Your car may be an extremely important piece of evidence. You should have your car secured in an enclosed, locked area so that the evidence is preserved. A boat storage yard is ideal because it is covered and can be locked.