Car Accident, Not at Fault, Insurance Question

[sam_gordon]

In my experience, they expedited the claim not slowing it down. Because I had reported it to my insurance my car was able to start getting repaired while things were getting worked out with the other parties insurance.

My car was finished being repaired by the time things with the other insurance company was done, 5 days later.

I did say "potentially". A lot depends on the insurance companies. You asked the question, I gave you an answer. OK, so YOUR insurance company sped things along. Does that mean all will?

My last accident (other driver was at fault) was in 2022. I found an email exchange with my wife where I told her I did file with my insurance (didn't have that driver's insurance at the time), but that we didn't carry rental car coverage and I'd need to contact the at fault driver's insurance to handle reimbursing for the rental. I don't know if that was my assumption or what my carrier told me.

While my car was driveable, it ended up being totalled.

 

[robinb]

I'm in Colorado and can tell you my experience. I may also be able to guess which mountain pass you're talking about because I've probably driven that pass.

It has been about 5-7 years so laws may have changed a bit. And like someone has said, the terms and conditions of your policy my require more than the state law does.

In Colorado you must report accidents immediately that involve injuries, death, or more than $1000 worth of damage. If not, you can be ticketed for leaving the scene of the accident, even if you report it the next day. If the accident did not meet these criteria, you have 60 days to report (may be 90 days). If the accident occurred during an accident alert in place, you have 24 hours to report the accident.

An example on reporting in CO, my car was hit in the parking lot of the pool we were getting ready to open at the beginning of the summer. It was a cashier who hit my car and one of my former students, so I knew him and his grandmother well. He had no insurance. There was no working phone at the pool yet and it was before cell phones, so I had to go to another location to report the accident and then go back to the location of the accident. Even though it was less than 2 hours, the officer told me he could write me a ticket for leaving the scene even though I did not cause the accident. This law has not changed so they may issue tickets to both drivers for leaving the scene for a reportable accident.

The person who hit your daughter would have also been ticketed for not having tires for the driving conditions. During the winter, snow tires or all-season tires are required for mountain driving, and you can be stopped and ticketed if you do not have them. You will receive a ticket if you are involved in an accident if you do not have the correct tires, even if you are not at fault.

One year I had 3 claims totally over $13,000 on my car and my rates never went up because I was not at fault. 1 was hail damage, 1 was an uninsured driver, the other was from a stolen ATV that was fleeing the scene of the crime. My insurance company did send me a thank you card when I sold this car.

Thanks. My DH called the local ski town's police department and asked who would have jurisdiction for reporting the accident on the pass, so we could point my DD25 in the right direction. They said it was the state police. My DD25 did report the accident to the state police the next day via their online form to cover her butt (and, it was required). I hope they don't ticket her for leaving the scene of an accident. That would be pretty bogus. It was not safe for them to stay where they were and call the police and there was no cell phone coverage. My DD said the person who hit her did have all season mud/snow tires but not snow tires. She also said that they came from a state that gets a lot of snow but without mountain passes. She says that having 4WD and snow tires on her car makes all the difference on the pass and up her driveway.

 

[Mackenzie Click-Mickelson]

When I had my accident the at fault party immediately called the cops and they refused to come or take a report because there was no injuries. I have no clue what damage their truck had but my car had close to $7,000 worth of damage.

I've found that is a very very specific police department situation as far as will they or won't they come out.

That said just like many people had to do during the height of covid you can walk in reports. Ideally the police come out in the moment but you can still file a police report if you want to at the station. Some jurisdictions also allow online reporting though I'm not sure if that's usually used for car accidents; my police department's online reporting is paused at the moment but it doesn't list car accidents as one that you could do but there may be others that have that option.

States typically have laws regarding accidents and your duty to report them.

For my state pertaining to the police or no police will come out:

 

[disneychrista]

I've found that is a very very specific police department situation as far as will they or won't they come out.

I was very surprised that they wouldn't come out nor take a report. I always was under the impression that you always file a report with the police for any accident.

 

[tvguy]

How does it accomplish #1?
And #2 makes sense, but I still don't see the benefit to the insurers unless they'll potentially use the knowledge to raise rates.

Well, my parked, unoccupied car was hit in a parking lot. Exchanged insurance information. But the other driver's insurance balked at settling the claim. Then their adjuster had issues with the scope of the work the three body shops I got bids from said was necessary to repair the car. I had notified my insurance. They checked in with me every few days to see if the other company had settled the claim. To my insurance company it was cut and dry. No question whose fault it was. The three body shops I got quotes from were in their network, and I was willing to go with the low bid. They called me and the other insurance adjuster and set a deadline for that company to settle, or they would settle, wait to get the money from the other insurance company, and bill them for the cost of processing the claim. I had a check in my hand a few hours later from the other insurance company. So the consumer protection aspect is simple, because my insurance knew about the situation, they took action and protected me, even though there was almost zero chance they would have any liability.
My neighbor was an underwriter for Aetna (later bought up by Travelers) his entire career. He says insurance is all about statistics and risk. They KNOW how many claims a typical customer will have, and what the cost will be. He says two things are the biggest reason for cancellations and rate increases. 1) An increase in risk. Say you get rid of your Camry and get a Corvette. They KNOW the Corvette is a higher risk vehicle. 2) Too many claims. If you are within the statistical average for claims, they won't cancel you, no matter the dollar amount. Too many, you're canceled. The example he gave was a client with 3 at fault claims in 2 years totaling less than $5,000. The auto policy was the only coverage the client had with them. Canceled almost automatically. Second example, client who had no claims in 40 years, had their auto, home, life and umbrella coverage with his company. Their first claim was going to cost his company over $1 million. That client he said would never ever be considered for cancellation.

 

[Mackenzie Click-Mickelson]

I was very surprised that they wouldn't come out nor take a report. I always was under the impression that you always file a report with the police for any accident.

Not attempting to be rude but through our own experiences as well as a few other CA posters it's become clear CA really has terrible police department standards. Not saying that everywhere else doesn't have their own issues or that everywhere else has police departments that will 100% come out but yeah.

 

[sam_gordon]

Well, my parked, unoccupied car was hit in a parking lot. Exchanged insurance information. But the other driver's insurance balked at settling the claim. Then their adjuster had issues with the scope of the work the three body shops I got bids from said was necessary to repair the car. I had notified my insurance. They checked in with me every few days to see if the other company had settled the claim. To my insurance company it was cut and dry. No question whose fault it was. The three body shops I got quotes from were in their network, and I was willing to go with the low bid. They called me and the other insurance adjuster and set a deadline for that company to settle, or they would settle, wait to get the money from the other insurance company, and bill them for the cost of processing the claim. I had a check in my hand a few hours later from the other insurance company. So the consumer protection aspect is simple, because my insurance knew about the situation, they took action and protected me, even though there was almost zero chance they would have any liability.

Not sure what that story has to do with anything. First, you had contacted your insurance already. Second, I've said multiple times if the at fault insurance is giving you problems, you should (if you haven't already) contact your insurance company. Having a law that says "you must contact your insurance company" does not help the consumer.

My neighbor was an underwriter for Aetna (later bought up by Travelers) his entire career. He says insurance is all about statistics and risk. They KNOW how many claims a typical customer will have, and what the cost will be. He says two things are the biggest reason for cancellations and rate increases. 1) An increase in risk. Say you get rid of your Camry and get a Corvette. They KNOW the Corvette is a higher risk vehicle. 2) Too many claims. If you are within the statistical average for claims, they won't cancel you, no matter the dollar amount. Too many, you're canceled. The example he gave was a client with 3 at fault claims in 2 years totaling less than $5,000. The auto policy was the only coverage the client had with them. Canceled almost automatically. Second example, client who had no claims in 40 years, had their auto, home, life and umbrella coverage with his company. Their first claim was going to cost his company over $1 million. That client he said would never ever be considered for cancellation.

And couldn't an insurance company drop you or raise your rates for being in non-at fault accidents? I mean they'd never say it, but it could happen. A couple of years ago our auto rates went up significantly despite only a handful of road side assistance claims. And by handful, I mean <5 w/four cars on the policy over ~2 years. When I called to ask why, I was told "your area has been determined to have a higher risk".

 

[tvguy]

Not sure what that story has to do with anything. First, you had contacted your insurance already. Second, I've said multiple times if the at fault insurance is giving you problems, you should (if you haven't already) contact your insurance company. Having a law that says "you must contact your insurance company" does not help the consumer.

And couldn't an insurance company drop you or raise your rates for being in non-at fault accidents? I mean they'd never say it, but it could happen. A couple of years ago our auto rates went up significantly despite only a handful of road side assistance claims. And by handful, I mean <5 w/four cars on the policy over ~2 years. When I called to ask why, I was told "your area has been determined to have a higher risk".

LOL. You like to dance around. For people who would not normally contact their insurance company, a law that forces them to do so would make available to them consumer services they may not have known they are entitled to.

My roadside service is completely separate from my auto insurance. It does carry my insurance company's name, but you can join the Motor Club without having an auto policy. I am covered by 4 different roadside assistance plans. I have my insurance company's motor club.......my car is covered by the manufacturer until June of this year, my wife's car is covered by it's manufacturer for another two years, and my classic car is covered by my classic car insurance company, and that coverage extends to all cars I own, not just the classic car.
But I do know people who have been dropped by roadside service companies for excessive calls for service. I have 3 cars, and I would consider 5 calls for 4 cars to be on the high end. A former co-worker ran into an odd one recently with AAA. They sent a service vehicle, but the driver said AAA no longer pays for the service call, they just act as a dispatcher. You are responsible for paying the tow truck on your own. That one was still working it's way through the appeals process last I heard.

 

[kymom99]

I still don't understand why a law was made to file with insurance companies.

Agreed, if I reported every ding I’d have to put them on speed dial. I guess I’ve violated my contract a number of times.

 

[Mackenzie Click-Mickelson]

Agreed, if I reported every ding I’d have to put them on speed dial. I guess I’ve violated my contract a number of times.

Go look at your policy for conditions of it but most language discusses injury (which usually makes reporting mandatory) as well as claims coverage. For my state if there's injury you must file through insurance company because medical payments are done that way (personal injury protection); we're a no fault state for medical payments where each person files medical under their own policies.

The language in my policy back for my auto with Progressive in Kansas states
"For coverage to apply under this policy, you or the person seeking coverage must promptly report each accident or loss even if you or the person seeking coverage is not at fault. You or the person seeking coverage must provide us with all accident or loss information, including time, place, and how the accident or loss happened. You or the person seeking coverage must also obtain and provide us the names and addresses of all persons involved in the accident or loss, the names and addresses of any witnesses, and the license plate numbers of the vehicles involved. Notice by you of an accident or loss given to any of our authorized agents is notice to us if it contains information suf- ficient to identify the policy. If you or the person seeking coverage cannot identify the owner or operator of a vehicle involved in the accident, or if theft or vandalism has occurred, you or the person seeking coverage must notify the police within 24 hours or as soon as practicable."

It's just to understand that your insurance company legally would have the ability to deny you a claim, potentially non-renew you or cancel your policy with legal notice (all of this depending on state law) should you violate the terms of your policy contract (in this case seeking coverage using the auto policy). It protects them and protects us all in the end from insureds always trying to file auto accident claims long after they occurred or in some cases hide what really happened by not filing a claim quickly enough.

 

[monsterkitty]

Thanks. My DH called the local ski town's police department and asked who would have jurisdiction for reporting the accident on the pass, so we could point my DD25 in the right direction. They said it was the state police. My DD25 did report the accident to the state police the next day via their online form to cover her butt (and, it was required). I hope they don't ticket her for leaving the scene of an accident. That would be pretty bogus. It was not safe for them to stay where they were and call the police and there was no cell phone coverage. My DD said the person who hit her did have all season mud/snow tires but not snow tires. She also said that they came from a state that gets a lot of snow but without mountain passes. She says that having 4WD and snow tires on her car makes all the difference on the pass and up her driveway.

Yes, the mountain passes are usually always CSP. And if there isn't a CSP officer in the area they will direct you to reporting later online. Safety is the most important so I don't think they will ticket her for leaving the scene. Now if the other driver did not report the accident, they do deserve to get a ticket.

DH's cousin was a CSP officer in the Breck/Dillon/Frisco area and they were basically stationed on I-70 instead of areas like Hoosiers Pass to Alma. However, Christmas week we were at my BIL's "cabin" outside of Fairplay and we went to Frisco one day to tube. As we were coming down Hoosier Pass into the Breck area, a huge SUV in front of us kept trying to pass cars in front of them. The entire area is double yellow, and signs say do not pass. There was a CSP officer that came up behind us and just watched the SUV cross the yellow line just to have to go back because they couldn't pass. He did pull the SUV over when we got to the bottom of the pass. We laughed.

Not attempting to be rude but through our own experiences as well as a few other CA posters it's become clear CA really has terrible police department standards. Not saying that everywhere else doesn't have their own issues or that everywhere else has police departments that will 100% come out but yeah.

It may not be terrible police department standards but rather lack of manpower and area that needs to be covered. If they're short officers, they aren't going to send someone for an accident that caused no injuries or deaths, and alcohol or drugs were not involved. Especially if it's going to take them to the edge of the district.

 

[Mackenzie Click-Mickelson]

It may not be terrible police department standards but rather lack of manpower and area that needs to be covered. If they're short officers, they aren't going to send someone for an accident that caused no injuries or deaths, and alcohol or drugs were not involved. Especially if it's going to take them to the edge of the district.

In CA it is the police departments, they actively choose not to go to certain events and their theft law that was recently passed in the last 2 years has also produced apathy within the police departments to go to what they may or may not perceive as minor incidents (speaking from actual experience as well as multiple posters talking about it). Any other location I would totally be like of course lack of resources (which is money and technology and police force) as a more likely reason, not in CA though. There's enough commentary on the Board alone for specific instances in CA that it doesn't need too much discussion here on this thread but it's not surprising to me at least that Disneychrista didn't have police come out to her (she lives in CA).

 

[tvguy]

In CA it is the police departments, they actively choose not to go to certain events and their theft law that was recently passed in the last 2 years has also produced apathy within the police departments to go to what they may or may not perceive as minor incidents (speaking from actual experience as well as multiple posters talking about it). Any other location I would totally be like of course lack of resources (which is money and technology and police force) as a more likely reason, not in CA though. There's enough commentary on the Board alone for specific instances in CA that it doesn't need too much discussion here on this thread but it's not surprising to me at least that Disneychrista didn't have police come out to her (she lives in CA).

To clarify, the law (Prop 47) in California that reduced to a misdemeanor thefts of less than $950 was passed 11 years ago in 2014. Stores stopped detaining shoplifters, because Police would not respond, because District Attorneys would not prosecute because VOTERS said they did not feel those crimes were worth prosecuting.
However, Prop 47 was in large part repealed by the voters in November with the passage of Prop 36. Those repeals went into effect on December 18th. And apparently shoplifters are now surprised they are being arrested for the first time in 11 years. https://www.foxla.com/news/new-laws-california-shoplifting-suspects-surprised-stealing-felony

 

[Mackenzie Click-Mickelson]

To clarify, the law (Prop 47) in California that reduced to a misdemeanor thefts of less than $950 was passed 11 years ago in 2014. Stores stopped detaining shoplifters, because Police would not respond, because District Attorneys would not prosecute because VOTERS said they did not feel those crimes were worth prosecuting.
However, Prop 47 was in large part repealed by the voters in November with the passage of Prop 36. Those repeals went into effect on December 18th. And apparently shoplifters are now surprised they are being arrested for the first time in 11 years. https://www.foxla.com/news/new-laws-california-shoplifting-suspects-surprised-stealing-felony

About dang time I'd say.

I know you talked before about voters motivation behind it, but I'm talking about the police fallout of it which went further than retail theft crimes. That was always something in the police department's choice to not get apathy but they used the law to justify it.

Regardless the thread is really about CO, I just wanted to speak towards a poster's experience in CA where police wouldn't come out

 

[robinb]

Thanks everyone for your advice and insights. This is one of the reasons I really love the DIS.

My DD filed a claim with our insurance company and we are going to let them handle it. The other driver was completely at fault so I think that things will going to be OK.

ETA: I read my policy and it does say that we would have to report an accident within a year. That was the impetus to go ahead and file ... also, the other insurance company may tell them anyway.