Best Answer

Without more specific information, it's difficult to answer all of your questions. But, here we go:

1. If the other carrier is "forcing" you to go through your own insurance, they must have some questions about liability in this accident. Or, perhaps, they haven't finished their liability investigation, and are suggesting you approach your own insurance to expedite your claim.

2. If you paid your premium one day late, I'm unclear as to why you'd have a lapse in coverage for an entire week. One, some carriers will cancel you outright (if late payments are the norm), but really, you should just show a lapse in coverage and then reinstatement the day you make payment. Insurance is like any other "product": If you pay for it, you should have it. Definitely something to clarify with your carrier and, if you have an agent, have the agent approach them for you.

3. If the other driver was definitely At Fault, I think you mistook what the other carrier said about pain and suffering. If you live in a no-fault state (which means your own car insurance has to pay your medical bills, regardless of fault), the other carrier may have just been telling you that they wouldn't owe your medical bills since you're supposed to carry no-fault coverage for those. However, they would owe for actual "pain and suffering," otherwise known as a bodily injury claim, if their driver was at-fault for this loss and if you meet your state's requirements for bodily injury (usually these have to do with the amount of treatment or type of injury). Unfortunately, if you live in a no-fault state, and if your insurance had lapsed during this accident, any bodily injury settlement you reach with the other carrier will have a lien placed against it for your medical bills. This would be true even if you have health insurance that's paying for your injuries, because they would know your injuries were from an auto accident. This doesn't necessarily mean you wouldn't get any of the settlement, but it would be lessened by your medical bills. Note: If you're wondering whether you live in a no-fault state or not, you can check your insurance card. You should see a coverage called "PIP" or "Personal Injury Protection" listed on the card.

4. It sounds like you're upside down on your loan. Unfortunately, this is a tough situation to be in when you're vehicle is totaled. Insurance companies owe only the actual-cash-value of your vehicle, not the loan balance. This is very common, so don't feel alone -- a lot of people get their cars totaled and then have to roll the remainder of their loans after settlement into a new car loan. Of course, if you then total your new car, you're right back where you started, or worse. So, what can you do? If the other carrier agrees to pay for your damages, review their numbers very carefully. What system did they use to come up with your vehicle's actual-cash-value? Did they get the mileage right? Are all the options in your car on their valuation? How did they rate the condition of your car (watch for a rating of "average private" across the board -- it's a dead giveaway that they didn't seriously consider the condition of your vehicle). If you've had any major refurbishments on your car -- new brakes, rebuilt engine, new transmission, etc. -- make sure they know about them. Last but not least, don't waste your time looking up the Kelly Blue Book or NADA values of your car. Most insurance companies won't consider them. Instead, they want to know the market value of the car, which you can help determine by looking at classified ads for vehicles similar to yours.

Normally I wouldn't suggest this, but depending on the severity of your injuries, you might consider consulting an attorney. The world is full of lawyers willing to work on a contingency basis, which means they don't get paid unless they "win." Usually, "winning" means they settle with the other carrier; these things don't normally go to court. But be prepared for a long wait, particularly with your bodily injury claim.

Good luck!

User Avatar

Wiki User

8y ago
This answer is:
User Avatar

Add your answer:

Earn +20 pts
Q: Do you need to go through your insurance company if the other driver was at fault?
Write your answer...
Still have questions?
magnify glass
Related questions

Can you sue at fault driver in California who has insurance if his insurance company refuses to pay your claim for medical expenses or do you have to sue his insurance company?

yes. you can sue an at fault driver if his insurance company refuses to pay your claim. it would not be proper to sue the insurance company.

Can an insurance company get money from an uninsured driver who was at fault?

They can pursue him civilly, and the not at fault driver can also sue for damages.

What happens if the driver at fault hits a car and the driver at fault has no insurance will the car that hits you have to pay for your car?

If you have comprehensive insurance, your policy will cover the damages (less a deductable). In this case, your insurance company will sue the at fault driver. You can also sue the at fault driver for damages (if you do not have comprehensive).

What is the responsibility of the insurance company of the at fault driver with full coverage insurance in a no fault state?

In this state, your own company pays your hospital bills up to $10,000. The at fault driver pays all costs above that amount. The at fault driver pays all costs above that amount. The at fault driver pays for all car repair bills.

What is the meaning of no fault car insurance?

No fault car insurance is coverage designed to compensate victims of car accidents via their own insurance company, regardless of which driver was in fault.

If your auto is hit the other driver's auto insurance pays all medical expenses and so does your health insurance must you reimburse your company?

You do not have to reimburse your insurance company if the accident is the fault of the other driver and the claim is made on their insurance. If the accident is the fault of the other driver and their insurance does not cover everything and you make a claim on your insurance for reimbursement, your insurance will subrogate (collect back) from the other company.

Can you sue the at fault driver and the insurance company?

You do not sue the insurance company. Any suit is filed against the at fault party only. The insurance company will defend their client and pay damages according to the terms of the policy.

Can you be charged higher car insurance after you were involved in an accident and it was on a different company policy it was also not your fault and settled by the other driver?

If I understand your question you are in an accident not your fault and it was settled, but the insurance was through a different company than the one you had ? I think they can hike the rates.

What if the driver at fault will not call their insurance company to report the accident?

If the other party is refusing to call their insurance company - then you should call their insurance company and file the claim.

If a taxi driver hits your car is it the drivers insurance or the owners insurance that covers the accident?

If a taxi driver hits you, and its his fault, the cab company's insurance pays.

What if you were in a car accident and it was not your fault but you had no collision?

If the police report says the other driver was at fault, try to recover from his or her insurance company. If you don't have collision coverage, you can't collect from your insurance company.

Where does money come from in wrongful death car accident?

The insurance company of the driver "at fault,' or from their personal funds if they have no insurance.